Author Archives: Hall

Reason: Houston D.A. Doubles the Scope of Her Case Review Following a Deadly Drug Raid Based on a Phony Affidavit

Reason: Houston D.A. Doubles the Scope of Her Case Review Following a Deadly Drug Raid Based on a Phony Affidavit by Jacob Sullum (“After declaring another man arrested by Gerald Goines ‘actually innocent,’ the Harris County district attorney says prosecutors … Continue reading

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Vice: This Senate Bill Would Ban Federal Use of Facial Recognition

Vice: This Senate Bill Would Ban Federal Use of Facial Recognition by Edward Ongweso Jr. (“Jeff Merkley and Cory Booker have introduced a Senate bill to place a moratorium until regulations are passed by Congress.”)

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WaPo: Axon rolls out the next level of police technology: Live-streaming body cameras

WaPo: Axon rolls out the next level of police technology: Live-streaming body cameras by Tom Jackman (“Cincinnati is the first city to equip its force with cameras that turn on automatically when guns or Tasers are drawn, letting commanders see … Continue reading

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S.D.Ga.: Bodycam video shows homeowner’s consent to entry over guest’s gun was voluntary

The owner of the house, captured on a bodycam video, consented to a search of the house for a firearm that defendant, an overnight guest, allegedly brought into the house. United States v. McRae, 2020 U.S. Dist. LEXIS 26680 (S.D. … Continue reading

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NC: 30 years of satellite based monitoring of this convicted sex offender was unreasonable

30 years of satellite based monitoring of this convicted sex offender was unreasonable under Grady v. North Carolina and subsequent state cases. State v. Griffin, 2020 N.C. App. LEXIS 139 (Feb. 18, 2020). The trial court credited the officer’s testimony … Continue reading

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N.D.Okla.: “Actually innocent” plaintiff framed by ATF who served four years gets judgment for $5m

Plaintiff was framed by an ATF agent acting on behalf of the government because she and her family were believed to have escaped lawful prosecution for years. “Ms. Barnes was actually innocent.” The district court initially dismissed the case, and … Continue reading

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CA9: Conducting a frisk in such a way it inflicts pain can state a claim

“In this case, Borawick and Appellees have raised genuine disputes of material fact over whether there was an objective basis to believe that Borawick was a danger to the officers or to the public; whether a reasonable officer, having been … Continue reading

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CA9: Sexual groping during a prison search states 4A excessive force claim

It was clearly established that groping a (transgender) woman during prison searches was unreasonable as excessive force. Goff v. Ramirez, 2020 U.S. App. LEXIS 4876 (9th Cir. Feb. 13, 2020). (The plaintiff being transgender had nothing to do with the … Continue reading

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CA6: FRCP 60(b) can’t be used to backdoor a successor habeas

Habeas petitioner’s attempt to use Rule 60(b) to attack the rejection of a Fourth Amendment claim was a backdoor successor habeas that doesn’t satisfy grounds for one. In re Henderson, 2020 U.S. App. LEXIS 4856 (6th Cir. Feb. 14, 2020)*:

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NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration

NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration (“‘End-to-end encryption’ has gone mainstream, which means tech companies can’t decrypt messages even when law enforcement has a warrant. The Trump administration says that’s taking privacy too far.”)

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WaPo: Ring and Nest helped normalize American surveillance and turned us into a nation of voyeurs

WaPo: Ring and Nest helped normalize American surveillance and turned us into a nation of voyeurs by Drew Harwell (“For all the worries about hacking, owners of Internet-connected cameras say they love watching people silently from afar — often their … Continue reading

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IN: Having def manipulate his clothing and remove his shoes was a search, not a safety frisk for weapons

The search of defendant was not for officer safety where the officer told defendant to move his clothing around because, if he was armed, he would be putting his hands on the weapon. The order to remove his shoes also … Continue reading

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