Author Archives: Hall

SC: Three psuedo buys in one day was RS, and the smell of ammonia at his house justified a protective sweep

Defendant’s three purchases of pseudoephedrine in one day was reasonable suspicion that he had a meth lab to support a protective sweep because, when the dwelling door was opened, the smell of ammonia was overwhelming. State v. Kotowski, 2019 S.C. … Continue reading

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D.N.M.: Inventory was unjustified

It was apparent the officer wanted to search defendant’s car, so he devised a way to seize it, but it was without justification. Thus, the inventory was unreasonable. United States v. James, 2019 U.S. Dist. LEXIS 82527 (D. N.M. May … Continue reading

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E.D.N.Y.: Search of car’s fuse box reasonable in an inventory

The search of a car’s fuse box was reasonable under the inventory search exception. The body cameras were on when the inventory started and then were turned off. The court declines to find that this showed bad faith because everything … Continue reading

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Biometric Update: Opinions roll in on whether to ban, regulate, or hardly regulate biometric facial recognition

Biometric Update: Opinions roll in on whether to ban, regulate, or hardly regulate biometric facial recognition by Chris Burt:

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E.D.Wis.: In camera submissions to rebut Franks claim should have had a hearing

An in camera submission of materials to rebut defendant’s Franks claim required a hearing. Defendant was entitled to see it and then respond. United States v. Lewis, 2019 U.S. Dist. LEXIS 81937 (E.D. Wis. May 15, 2019). Which begs the … Continue reading

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Anthony G. Amsterdam’s legendary Perspectives on the Fourth Amendment (1974) finally available online for free, after 45 years

Anthony G. Amsterdam, Perspectives on the Fourth Amendment, 58 Minn. L. Rev. 848 (1974).

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EFF: Seventh Circuit Dodges an Opportunity to Protect Travelers from Invasive Border Searches of Electronic Devices

EFF: Seventh Circuit Dodges an Opportunity to Protect Travelers from Invasive Border Searches of Electronic Devices by Saira Hussain & Sophia Cope:

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Bloomberg: Don’t Ban Facial-Recognition Technology. Regulate It.

Bloomberg Opinion: Don’t Ban Facial-Recognition Technology. Regulate It. Concerns are understandable. But with rules in place, the benefits will far outweigh the risks.

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N.D.Ill.: PC is not “more likely than not”

Probable cause is not “more likely than not.” It was present here. “[A]s the Seventh Circuit has explained, ‘[p]robable cause * * * does not require evidence sufficient to support a conviction, nor even evidence demonstrating that it is more … Continue reading

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W.D.Mo.: Primary object of SW found right inside front door, but that didn’t preclude larger search

The search warrant was for a package found right inside the front door. That did not preclude the officers from searching further in the house. Also, a protective sweep incident to execution of the search warrant was proper. Searching inside … Continue reading

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ScotusBlog: Relist Watch: Inserting a key in a lock

ScotusBlog: Relist Watch by John Elwood:

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M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

CSLI order issued 3½ months before Carpenter was valid under good faith exception. Officers were not expected to know what SCOTUS would do. United States v. Turner, 2019 U.S. Dist. LEXIS 81011 (M.D. Fla. May 14, 2019). The law supported … Continue reading

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