Author Archives: Hall

D.Utah: Heck barred § 1983 case over his search which produced only evidence in case

Essentially the only evidence supporting defendant’s conviction came from his search and seizure of evidence. Thus, his § 1983 case over the search is barred by Heck. Anderson v. Houston, 2019 U.S. Dist. LEXIS 19246 (D.Utah Feb. 5, 2019).* For … Continue reading

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Cal.4th: Use of cell site simulator with SW was reasonable

The use of a cell site simulator with a search warrant to locate defendant’s cell phone was reasonable. The issue on appeal was whether the trial court abused its discretion in denying a motion to continue while the defense tried … Continue reading

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MeriTalk: A[mazon] W[eb] S[ervice] Offers Support Facial Recognition Legislation

MeriTalk: AWS Offers Support Facial Recognition Legislation:

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Reason.com: The Cops Were the Aggressors in This Week’s Deadly Houston Drug Raid

Reason.com: The Cops Were the Aggressors in This Week’s Deadly Houston Drug Raid by Jacob Sullum: Even if Dennis Tuttle and Rhogena Nicholas were selling heroin out of their house, the government’s violent response cannot be morally justified.

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Reason.com: NYPD Orders Google to Trash Checkpoint Warnings

Reason.com: NYPD Orders Google to Trash Checkpoint Warnings by Joe Setyon:

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N.D.Iowa: Def overcomes presumption of reliability of new drug dog under Florida v. Harris

A USMJ under Florida v. Harris concludes that the defense successfully rebutted the reliability of a drug dog on the job only one month, and the alert based search was held without probable cause. United States v. Acosta, 2019 U.S. … Continue reading

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M.D.Ga.: A stop based on a mere hunch of wrongdoing is suppressed

Defendants’ stop is found to be based on a hunch and not reasonable suspicion founded on facts. The purported tip is found to be a pretext for the stop. United States v. Hall, 2019 U.S. Dist. LEXIS 18088 (M.D. Ga. … Continue reading

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M.D.Fla.: No showing of RS for protective sweep on entry; observations in other rooms suppressed

The protective sweep of other rooms had no reasonable suspicion justification under Buie that another person might be present. There were two and they were unreasonable. The product of the walk through made it into a search warrant for the … Continue reading

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D.Nev.: DNA match overcame alleged Franks violation

The court finds that a minimal showing of at least recklessness was made in a representation in the search warrant application that a black cloth had not been disturbed during a crime. The video surveillance shows several people did. On … Continue reading

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D.Minn.: A narrative affidavit for SW is hardly “outrageous conduct” to seek to dismiss indictment

Obtaining a search warrant with a narrative affidavit, inter alia, is hardly outrageous governmental conduct warranting dismissal. United States v. Ortiz, 2019 U.S. Dist. LEXIS 17455 (D. Minn. Feb. 4, 2019).* Plaintiff’s excessive force claim against a probation search which … Continue reading

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NJ: When the subject of a loud music complaint turned down the sound, no RS existed for continued detention

Police were called to a motel room because of a loud music complaint. The renter turned the music down, and, with that, the police should have left. Instead they wanted IDs and found a warrant on defendant. There was no … Continue reading

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D.D.C.: Community caretaking function doesn’t apply well to seizures; seizure and frisk suppressed

Officers responded to a drive-by shooting allegedly picked up by ScatterShot. Officers grabbed defendant’s arm ostensibly to see if he’d been shot, and it was readily apparent that he had not been, and he denied it. The community caretaking function … Continue reading

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