Author Archives: Hall

TX14: The exclusionary rule does not apply to drug testing in a termination of parental rights case

The exclusionary rule does not apply to drug testing in a termination of parental rights case. In the Interest of L.C.L., 2019 Tex. App. LEXIS 6018 (Tex. App. – Houston (14th Dist.) July 16, 2019). The smell of marijuana during … Continue reading

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IN: When AE applies, the fact def walked away from the car doesn’t prevent search

Where there was probable cause and the automobile exception applied, the fact defendant walked away from the vehicle didn’t prohibit its search. Cleveland v. State, 2019 Ind. App. LEXIS 316 (July 15, 2019). Defendant was apparently asleep parked in an … Continue reading

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Forbes: Are Conversational Interfaces The ‘Foot In The Door’ For Government Surveillance?

Forbes: Are Conversational Interfaces The ‘Foot In The Door’ For Government Surveillance? by Ilker Koksal: Amazon Echo, released in 2014, introduced voice software into the home, quickly followed by Google Home, Apples’s HomePod and other generic smart speakers. In fact, … Continue reading

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CA6: When PC is shown for the SW, what’s not there really doesn’t matter

There was probable cause on the totality for this search warrant. Defendant’s attack on what’s not there doesn’t help him. United States v. Jones, 2019 U.S. App. LEXIS 20851 (6th Cir. July 15, 2019). There was a factual basis for … Continue reading

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LA Times: Women in jail endured group strip searches. LA County to pay $53 million to settle suit

LA Times: Women in jail endured group strip searches. LA County to pay $53 million to settle suit by Alene Tchekmedyinsta:

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ClickOrlando.com: Be careful when driving with large amounts of cash in your vehicle

ClickOrlando.com: Be careful when driving with large amounts of cash in your vehicle by Steve Montiero: Troopers may ask to see proof.

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TN: Carpenter argument defaulted for lack of a good record

A Carpenter CSLI plain error argument isn’t reached because of deficiencies in the record brought up. State v. Avant, 2019 Tenn. Crim. App. LEXIS 415 (July 15, 2019)*:

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W.D.N.Y.: Govt gets benefit of GFE which overrides Franks [without sufficiently telling us why]

Defendant twice asked the USMJ for a Franks hearing and never got one. On review, application of the good faith exception is sustained. “Here, the Government has shown that McMahon and the other law enforcement officers that executed the search … Continue reading

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W.D.N.C.: The fact def’s car crossed the county line between when the police car lights came on and when he was stopped is not a basis to suppress

The fact a stop was started in one county and actually occurred as defendant crossed the county line is not a basis for suppressing the stop. Defendant’s consent to search his house is suppressed, however, because of language difficulties: “Thus, … Continue reading

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N.D.Ohio: Trash pull alone isn’t enough for PC, but here there was more

A trash pull alone should not be enough for probable cause to search a house. Here, there was more of complaints of neighbors of people coming and going at all hours. “Investigators confirmed this complaint during their own surveillance of … Continue reading

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SF Chronical: DNA hearings: SF officers gave suspect in rapes alcohol test even though they didn’t think he was drunk

SF Chronical: DNA hearings: SF officers gave suspect in rapes alcohol test even though they didn’t think he was drunk by Evan Sernoffsky: San Francisco police never smelled alcohol when they pulled over Orlando Vilchez Lazo last year. They never … Continue reading

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CA5: Revd for failure to determine “clearly established law” for QI

“Both parties and the district court failed to address qualified immunity’s second question. The district court did not consider whether Defendants’ conduct—even assuming it violated the Fourth Amendment—violated clearly established law. See Morrow, 917 F.3d at 874. McDonald points to … Continue reading

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