Author Archives: Hall

NPR: Police Body Cam Footage Is Being Used For Surveillance, Activists Say

NPR: Police Body Cam Footage Is Being Used For Surveillance, Activists Say by Heather Van Blokland (“Police reform bills from both parties include requirements for police body cameras. The ACLU and others worry camera footage might be used for inappropriate … Continue reading

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WI: Officer can ask about weapons and for consent in any traffic stop without extending it

In an ordinary traffic stop, an officer may ask about weapons and even seek a consent to search without reasonable suspicion and thus without extending the stop. State v. Brown, 2020 WI 63, 2020 Wisc. LEXIS 140 (July 3, 2020):

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AP: Geofence warrants to be tested in VA bank robbery case

AP: Geofence warrants to be tested in Virginia bank robbery case (“Surveillance video gave authorities a lead, showing a man holding a cellphone outside the Call Federal Credit Union in Midlothian on May 20, 2019. So like a growing number of … Continue reading

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CA4: Tip describing man with a gun found a block away walking away was RS

Bystander’s tip that a black man in red pants and a black shirt had left a large fight at a West Virginia bar going east after having displayed a gun. A block away to the east, officers found defendant walking … Continue reading

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D.Minn.: Late night stop, no DL, digital scale on floor is RS

This late night stop was reasonably extended because the driver didn’t have a DL on him and there appeared to be a digital scale on the floor. United States v. Henry, 2020 U.S. Dist. LEXIS 115939 (D. Minn. May 20, … Continue reading

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E.D.Ky.: SW can compel persons present at time of seizure of cellphone to provide biometrics to unlock it on mere RS; PC not required

“Modern day biometric authentication features for electronic devices allow once trivial gestures, such as a momentary stare or touch, to be the barrier between the outside world and an individual’s most intimate, private details. The United States has applied for … Continue reading

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AK: Misspelling of target name in a warrant to record a conversation didn’t void the warrant when right person was recorded

Officers obtained a warrant under state law to record a future conversation with defendant about his alleged sexual assault of a passed out woman, but they didn’t have the spelling right (Darren, not Darin) and a wrong middle initial. There … Continue reading

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OR: Disclaiming ownership of purse brought to police station police wanted to search wasn’t abandonment

Where defendant was told to bring her purse and later disclaimed ownership when the officer wanted to search it, she did not abandon it to the degree she lost ownership or a reasonable expectation of privacy in it. It wasn’t … Continue reading

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OR: Parents’ consent to taking DNA from juvenile wasn’t valid

A juvenile accused of a sex offense also has to consent with his parents to taking a DNA swab. The parent’s consent alone is not enough. In re H. K. D. S., 305 Ore. App. 86, 2020 Ore. App. LEXIS … Continue reading

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D.Del.: Mere denials of the facts doesn’t make a Franks claim

Just saying in a motion to suppress the defendant “‘denies telling law enforcement that additional drugs could be found within his apartment’ and ‘disputes the accuracy’ of the statement that officers detected the odor of burnt marijuana in the apartment” … Continue reading

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CA6: Filing a case report with the DA doesn’t make a malicious prosecution action

“Cases after Skousen have continued to apply its holding that filing a case report, taken alone, is insufficient to support a malicious-prosecution claim. See Miller v. Davis, 653 F. App’x 448, 455-56 (6th Cir. 2016) (holding that a detective’s report … Continue reading

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TX: Perjured police testimony in drug raid leads to finding of actual innocence

Petitioner showed actual innocence to get his drug conviction set aside. The Houston officer involved was shown to be a perjurer in drug case search warrant requests and trial testimony. That led to two deaths during a botched no-knock drug … Continue reading

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MD & NY2: Court ordered GPS tracking satisfied warrant requirement

Court ordered GPS tracking of a vehicle for up to 30 days under state statute satisfied the warrant requirement for its showing of probable cause before a neutral and detached magistrate. Whittington v. State, 2020 Md. App. LEXIS 621 (July … Continue reading

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CA5: Reasonable mistaken identification made stop reasonable

“In any event, even if it is assumed arguendo that an attempted seizure could in fact trigger the Fourth Amendment, Ferguson has failed to show that the attempt to detain him for an investigatory Terry stop was not supported by … Continue reading

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WaPo: California begins enforcing digital privacy law, despite calls for delay

WaPo: California begins enforcing digital privacy law, despite calls for delay by Rachel Lerman (“California’s privacy law, often called the broadest law for digital privacy in the United States, can finally be enforced starting Wednesday. And despite industry calls for … Continue reading

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NY Times: How Infrared Images Could Be Part of Your Daily Life

NY Times: How Infrared Images Could Be Part of Your Daily Life by Jonah M. Kessel (“In a post-quarantine world, heat sensors could help spot sick people with elevated temperatures as they enter public places. But it’s not that simple.”)

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