Author Archives: Hall

msn.com: Chicago cops pointed guns at children while raiding the wrong address, lawsuit says

msn.com: Chicago cops pointed guns at children while raiding the wrong address, lawsuit says by Tony Briscoe:

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OH2: Officer’s good faith mistake, if it was one, that def possessed a concealed weapon (a long sword), bars application of the exclusionary rule [court erroneously shifts burden]

Police got a call about a man wielding a sword, and they stopped defendant. There was probable cause for him possessing a concealed long sword [how?]. Even if the officer was wrong, it wasn’t really wrong. “Short contends that Officer … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off on OH2: Officer’s good faith mistake, if it was one, that def possessed a concealed weapon (a long sword), bars application of the exclusionary rule [court erroneously shifts burden]

OH11: Not objecting to police officer following def into hotel room to retrieve paperwork was implied consent

Police came to defendant’s motel room door and knocked without saying who they were. They asked about a stolen truck defendant had, and he turned and went in to get paperwork, and the officer followed him. Defendant never objected to … Continue reading

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CA7: CI was a co-conspirator, and corroboration was required

This § 1983 case over a state court search warrant and search essentially seeks to relitigate in federal court the issuance of the warrant, which is not the prerogative of a federal court. Instead, the court finds corroboration of the … Continue reading

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OH11: Specific and articulable facts, including bullet casings in front of house and bullet holes in house, supported an entry an hour later

“[T]he officers had a reasonable belief based on specific and articulable facts to search for injured people” based on bullet casings in the street and bullet holes in the house even when the waited an hour. They didn’t have to … Continue reading

Posted in Emergency / exigency | Comments Off on OH11: Specific and articulable facts, including bullet casings in front of house and bullet holes in house, supported an entry an hour later

D.P.R.: The fact the police statements weren’t the same doesn’t mean there’s a Franks violation or no PC

The officer’s statement wasn’t inconsistent with the reports of others and didn’t support a Franks claim. It’s entirely possible that the reports of others were all true and merely reported different observations than the officers. Therefore, no Franks violation. United … Continue reading

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NJ: Dash cams videos not “records required to be kept” for FOIA but remanded for whether there is a common law right of access

Dash cam videos are not public records under the state open records law because they are not required by law to be kept. There might, however, be a common law right of access, and the case is remanded for a … Continue reading

Posted in Good faith exception | Comments Off on NJ: Dash cams videos not “records required to be kept” for FOIA but remanded for whether there is a common law right of access

WaPo: L.A. begins body-scanning metro riders, with a promise of no ‘anatomical detail’

WaPo: L.A. begins body-scanning metro riders, with a promise of no ‘anatomical detail’ by Allyson Chiu:

Posted in Surveillance technology | Comments Off on WaPo: L.A. begins body-scanning metro riders, with a promise of no ‘anatomical detail’

AP: Google tracks your movements, like it or not

AP: Google tracks your movements, like it or not by Ryan Nakashima: An Associated Press investigation found that many Google services on Android devices and iPhones store your location data even if you’ve used privacy settings that say they will … Continue reading

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S.D.N.Y.: Franks challenge that SW general allegation about sex traffickers doesn’t apply to def isn’t false at this stage

Defendant is alleged to be involved in a sex trafficking operation that spanned nearly 20 years. His Franks motion is denied. One of the things he mentions was that he wasn’t involved with the Bloods in a long time, but … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on S.D.N.Y.: Franks challenge that SW general allegation about sex traffickers doesn’t apply to def isn’t false at this stage

D.Mont.: RS for stop near the border when driving appeared evasive; on stop there were furtive movements

The court finds reasonable suspicion for defendant’s stop near the Canadian border. The officer was following but without blue lights on, and the car was attempting to evade the officer by driving fast on a poorly maintained road. On the … Continue reading

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CA8: Ignoring exculpatory evidence before a child abuse seizure of children denies QI to officers

After the first round of discovery, officers who seized children from a home on a bizarre and unsubstantiated allegation from a sibling don’t yet get qualified immunity. “Thus, although the investigators went to the home with the intent to remove … Continue reading

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