Author Archives: Hall

N.D.Ind.: Protective sweep here was based on officers’ experience and not on any specific facts and was still reasonable

The officers here had no specific information there was anybody else in defendant’s house when they did a protective sweep. Nevertheless, the sweep is reasonable. Officers are also entitled to draw on their experience in determining whether a protective sweep … Continue reading

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D.Md.: Officer gets QI for arresting person with same name but it turned out warrant was for far younger woman of different race

Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn’t the … Continue reading

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S.D.Tex.: Ct credits def’s version; on govt’s: “Hypothetical could-haves or would-haves simply will not do.” Govt conceded gamma ray scan was search.

Defendant was stopped at the I-35 immigration check point near Laredo. The video is soundless and 14 seconds long. The officer’s version doesn’t seem possible within the time of the video, but the defendant’s does. The officer had the defendant … Continue reading

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Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints?

Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints? by Duane Morris LLP.

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D.D.C.: Random drug testing of day care employees unreasonable

Random suspicionless government mandated drug testing of day care employees unreasonable because there is no compelling governmental interest. Ass’n of Indep. Sch. of Greater Wash. v. District of Columbia, 2018 U.S. Dist. LEXIS 70146 (D.D.C. April 20, 2018), reconsideration denied, … Continue reading

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The Verge: California malls have been feeding license plate data to a national network linked with ICE

The Verge: California malls have been feeding license plate data to a national network linked with ICE by Russell Brandom: A number of California malls appear to be feeding data back to a national license-plate reader network linked to Immigration … Continue reading

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E.D.Va.: Manafort storage building search sustained: Employee with free access had apparent authority to consent to entry

The FBI reasonably relied on a person with apparent authority to consent to an entry into a storage locker to look around. The consenter had free access to the storage room as an employee, and the employer-employee relationship can permit … Continue reading

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CA3: FTCA doesn’t apply to TSA screeners

TSA screeners are not “investigative or law enforcement officers” for purposes of the Federal Tort Claims Act. Therefore, they are covered by the discretionary function exemption. Pellegrino v. United States Transp. Sec. Admin., 2018 U.S. App. LEXIS 18821 (3d Cir. … Continue reading

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OH & MO: Erratic driving justifies stop

Defendant’s stop was justified, and, during the stop, probable cause developed that he was operating under the influence. State v. Dallman, 2018-Ohio-2670, 2018 Ohio App. LEXIS 2890 (12th Dist. July 9, 2018).* Defendant’s erratic driving of swerving within his lane … Continue reading

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OH11: Arrest warrant and knowing def home authorized entry to arrest

Officers had an arrest warrant for the defendant and they knew he was home. That was justification to enter. State v. Weaver, 2018-Ohio-2675, 2018 Ohio App. LEXIS 2898 (11th Dist. July 9, 2018). Defendant doesn’t allege any facts that his … Continue reading

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N.D.Fla.: Def consented to providing pass code to his phone when police seized his phone pending getting SW

“The defendant delivered a package to a post office for mailing. A postal inspector caused the package to be held overnight and then, with the defendant’s consent, opened it. Finding cash and pills that appeared to be illicit, the postal … Continue reading

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PA: Def called police about a burglary then consented to entry to investigate

Calling police to a suspected burglary in your own house tells the police to investigate, and then defendant consented to an entry to investigate. Commonwealth v. McCleary, 2018 PA Super 201 (July 10, 2018). Defendant insisted his medical marijuana grow … Continue reading

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