Author Archives: Hall

UT: 40 minute delay for dog was reasonable where it was tied up in another part of same investigation

The 40 minute delay for the dog sniff, already based on reasonable suspicion, was reasonable. The dog was at a residence related to the same investigation then came to where the car was stopped. The court also mentions the weather … Continue reading

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FL4: Gratuitious references to SWs before jury became prejudicial character evidence; reversed

Two references to search warrants at defendant’s premises became prejudicial character evidence by seeking to link him to other drugs. Conviction reversed. Dawson v. State, 2019 Fla. App. LEXIS 10847 (Fla. 4th DCA July 10, 2019):

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ID: State didn’t preserve independent source issue below so it can’t argue it on appeal

A motion to suppress cell phone contents was granted, and the state appealed. At trial, it cited a case without stating the holding that was an independent source case, and that’s not enough. In addition, the state didn’t litigate independent … Continue reading

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CT: Def didn’t abandon his apt when he was in jail and rent came due

Defendant did not abandon his crime victim’s cell phone hidden in a wall when he’d been incarcerated and was evicted from his house for nonpayment of rent. The police waited until the lease had expired for nonpayment and came to … Continue reading

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NYTimes: Opinion: The Racist History Behind Facial Recognition

NYTimes: Opinion: The Racist History Behind Facial Recognition When will we finally learn we cannot predict people’s character from their appearance?

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WaPo Podcast: The FBI and ICE are scanning millions of Americans’ faces — without their knowledge or consent

WaPo Podcast: The FBI and ICE are scanning millions of Americans’ faces — without their knowledge or consent

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USA Today: Customs officers barred from randomly checking papers on domestic flights

USA Today: Customs officers barred from randomly checking papers on domestic flights by Alan Gomez:

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S.D.N.Y.: IP information does not provide anywhere near the “granular” detail that CSLI or GPS information does, so SW not required

IP information does not provide anywhere near the “granular” detail that CSLI or GPS information does, so a search warrant is not required. United States v. Kidd, 2019 U.S. Dist. LEXIS 114627 (S.D. N.Y. July 11, 2019) (citing United States … Continue reading

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CA11: Officer’s second gunshot at a dog not clearly established as excessive force; QI granted, ptf not even a target

Excessive force qualified immunity case: A second gunshot at a dog wasn’t clearly established to be excessive force, and plaintiff wasn’t even a target. Therefore, the officer gets qualified immunity. Corbitt v. Vickers, 2019 U.S. App. LEXIS 20447 (11th Cir. … Continue reading

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MN: Limited right to counsel before blood test doesn’t apply to SW blood draws

“The limited right to counsel established in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828 (Minn. 1991), does not apply when an individual is asked to submit to a blood test pursuant to a warrant.” (Syllabus) State v. Rosenbush, … Continue reading

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D.P.R.: Officer opened def’s door without PC or consent; suppressed

Officer’s opening defendant’s door without probable cause or voluntary consent requires suppression of weapons found inside. (The USMJ conducted a hearing and the USDJ had doubts about some facts and conducted another one.) United States v. Figueroa-Figueroa, 2019 U.S. Dist. … Continue reading

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CA5: Sounds inside at a knock-and-talk created exigency

Police did a knock-and-talk on a motel room door, and the sound of scrambling inside and a toilet flush was exigency. Also, defendant was a casual visitor almost certainly without standing. United States v. Daniels, 2019 U.S. App. LEXIS 20449 … Continue reading

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