Author Archives: Hall

CA6: Trash pulls not unreasonable despite local ordinance that only trash collectors permitted in trash

Trash pulls by police are not unreasonable under the Fourth Amendment, notwithstanding a local ordinance that limits trash collectors to rummaging in trash. United States v. Mathis, 2020 U.S. App. LEXIS 10275 (6th Cir. Mar. 30, 2020). Defendant’s probation search … Continue reading

Posted in Plain view, feel, smell, Probation / Parole search, Reasonable expectation of privacy | Comments Off on CA6: Trash pulls not unreasonable despite local ordinance that only trash collectors permitted in trash

CA5: 10 am knock-and-talk didn’t violate Jardines

Officers who came to defendant’s door at 10 am and asked for permission to use a dog to sniff his yard didn’t violate Jardines. United States v. Flores, 2020 U.S. App. LEXIS 10235 (5th Cir. Apr. 1, 2020). “The present … Continue reading

Posted in Knock and talk, Nexus, Standing | Comments Off on CA5: 10 am knock-and-talk didn’t violate Jardines

CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

Defendant’s admission he possessed marijuana in his car was within the normal incidents of the traffic stop, Therefore, the officer could extend the stop under Rodriguez. United States v. Lott, 2020 U.S. App. LEXIS 10237 (6th Cir. Apr. 1, 2020). … Continue reading

Posted in Inevitable discovery, Inventory, Reasonable suspicion | Comments Off on CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

OR: Asking about drugs in car during an “unavoidable lull” in traffic stop was unreasonable under state constitution

Asking about drugs in the car during an “unavoidable lull” in the stop was unreasonable under the state constitution under Arreola-Botello. State v. McBride, 303 Ore. App. 292, 2020 Ore. App. LEXIS 433 (Apr. 1, 2020), on remand from 366 … Continue reading

Posted in State constitution | Comments Off on OR: Asking about drugs in car during an “unavoidable lull” in traffic stop was unreasonable under state constitution

IA: Def’s association with known drug dealers without any nexus to his own house isn’t PC

“Although we decide marginal cases in favor of upholding warrants, we cannot rubber stamp the authorization to search a home unsupported by probable cause. Here, the search warrant application established Higgins’s association with people who used or delivered controlled substances. … Continue reading

Posted in Nexus, Probable cause | Comments Off on IA: Def’s association with known drug dealers without any nexus to his own house isn’t PC

CNN: How the cell phones of spring breakers who flouted coronavirus warnings were tracked

CNN: How the cell phones of spring breakers who flouted coronavirus warnings were tracked by Donie O’Sullivan:

Posted in Cell phones, Surveillance technology | Comments Off on CNN: How the cell phones of spring breakers who flouted coronavirus warnings were tracked

CA11: Generic state 4A post-conviction petition with no citation of authority waived state claims

A generic state claim for post-conviction relief for ineffective assistance in counsel of a Fourth Amendment claim that cited nothing was no claim at all, and didn’t toll § 2254 limitations. “Dunn’s September 2015 motion merely asserted that her convictions … Continue reading

Posted in Ineffective assistance | Comments Off on CA11: Generic state 4A post-conviction petition with no citation of authority waived state claims

D.Haw.: Def failed in her motion to reconsider overseizure by failure to specify exactly what was

Defendant’s motion to suppress was previously denied, but she was allowed to specify what documents were overseized. “[T]he court will consider a motion to suppress specific documents or other evidence based on proof that such items were seized and that … Continue reading

Posted in Inevitable discovery, Overseizure | Comments Off on D.Haw.: Def failed in her motion to reconsider overseizure by failure to specify exactly what was

D.Minn.: “A police officer’s ‘characterization is not enough, standing alone, to implicate Fourth Amendment protections.’” That’s the court’s duty

“A police officer’s ‘characterization is not enough, standing alone, to implicate Fourth Amendment protections.’ Michigan v. Chesternut, 486 U.S. 567, 574, 108 S. Ct. 1975, 100 L. Ed. 2d 565 (1988). The parties’ characterization of the events notwithstanding, the Court … Continue reading

Posted in Reasonable suspicion | Comments Off on D.Minn.: “A police officer’s ‘characterization is not enough, standing alone, to implicate Fourth Amendment protections.’” That’s the court’s duty

IL: Pill bottle wasn’t a weapon, and removing it from pocket in a weapons frisk was unreasonable

The officer stopped after he believed defendant shouted an obscenity at him. When the officer looked at defendant, he spit in the officer’s direction. The patdown thereafter was without reasonable suspicion. The removal of a round cylindrical object from his … Continue reading

Posted in Arrest or entry on arrest, Consent, Stop and frisk | Comments Off on IL: Pill bottle wasn’t a weapon, and removing it from pocket in a weapons frisk was unreasonable

S.D.Fla.: SW for apt and seizure of computers and cell phones includes power to search them later

A search warrant to search an apartment and seize computers and cell phones includes the power to search them later. United States v. Quinonez, 2020 U.S. Dist. LEXIS 55789 (S.D. Fla. Mar. 30, 2020). The officer’s statement that the CI’s … Continue reading

Posted in Automobile exception, Cell phones, Computer and cloud searches, Franks doctrine | Comments Off on S.D.Fla.: SW for apt and seizure of computers and cell phones includes power to search them later

VT AG: Attorney General’s Directive to Law Enforcement on the Enforcement of the COVID-19 Emergency Order

VT AG: Attorney General’s Directive to Law Enforcement on the Enforcement of the COVID-19 Emergency Order: The Executive Order 01-20 does not authorize road closure or the establishment of roadblocks, checkpoints or the authority to demand identification. You will continue … Continue reading

Posted in Uncategorized | Comments Off on VT AG: Attorney General’s Directive to Law Enforcement on the Enforcement of the COVID-19 Emergency Order

Corporate Counsel: Microsoft Chief Legal Officer Applauds Washington’s Recently Signed Facial Recognition Law

Corporate Counsel: Microsoft Chief Legal Officer Applauds Washington’s Recently Signed Facial Recognition Law by Dan Clark (“Washington’s new law shows how regulation and market forces can move forward together in a way that advances innovation to meet public needs,” Brad … Continue reading

Posted in Uncategorized | Comments Off on Corporate Counsel: Microsoft Chief Legal Officer Applauds Washington’s Recently Signed Facial Recognition Law

The Intercept: Privacy Experts Say Responsible Coronavirus Surveillance is Possible

The Intercept: Privacy Experts Say Responsible Coronavirus Surveillance is Possible by Sam Biddle (“In less than a decade, whistleblowers like the NSA’s Edward Snowden and Cambridge Analytica’s Christopher Wylie helped spur a global sea change in the public’s attitude toward … Continue reading

Posted in Surveillance technology | Comments Off on The Intercept: Privacy Experts Say Responsible Coronavirus Surveillance is Possible

PA: Calling police to report burglary and theft of firearms was invitation to come to house and he let them in

Calling the police to report a burglary and theft of firearms was an invitation for them to come to the house, then he invited them in. This was implied consent to enter. Commonwealth v. Fredrick, 2020 Pa. Super. LEXIS 266 … Continue reading

Posted in Consent | Comments Off on PA: Calling police to report burglary and theft of firearms was invitation to come to house and he let them in

W.D.N.Y.: SW for telephone records not required instead of a subpoena

Defendant was entitled to a search warrant rather than a search warrant to obtain his telephone records. United States v. McClain, 2020 U.S. Dist. LEXIS 55427 (W.D. N.Y. Mar. 30, 2020). The search warrant application for child pornography wasn’t at … Continue reading

Posted in Excessive force, Staleness, Third Party Doctrine | Comments Off on W.D.N.Y.: SW for telephone records not required instead of a subpoena