Author Archives: Hall

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

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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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MA: Two day delay in getting SW for cell phone wasn’t unreasonable

Defendant’s cell phone was reasonably seized to preserve any evidence in it. The two day delay in getting a search warrant for it did not unreasonably interfere with defendant’s possessory interest in it. Commonwealth v. Cruzado, 2018 Mass. LEXIS 549 … Continue reading

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S.D.N.Y.: When police come to def’s house with arrest warrant, cotenant’s denial he’s home isn’t binding on officers

Officers had good information where defendant lived, and they came with an arrest warrant. His cotenant denied he was there, which the officers did not have to take at face value. One FBI agent testified that cotenants frequently lie about … Continue reading

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CA6: Video of controlled buy corroborated CI; fact drugs wasn’t mentioned doesn’t mean no PC

The CI’s story is confirmed by the audio and video of the following controlled buy. Defendant’s claim that the money could have been paid for something else doesn’t undermine the probable cause. “Here, despite no explicit discussion of drugs, put … Continue reading

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N.D.Iowa: Disavowal of ownership of residence didn’t deny def standing; he still had some interest in house he was in

Although defendant disavowed his control over the residence, the court finds he has standing anyway because he clearly stayed there and moved about the home like he belonged there: “Although defendant repeatedly stated that he did not live at the … Continue reading

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D.D.C.: Given RS for a stop, a full search of backpack exceeded Terry

Defendant was validly stopped under Terry, but the search of his backpack was unreasonable and amounted to a virtual search incident to arrest. “But the cases cited by the government, including United States v. Holmes, indicate precisely the opposite. Absent … Continue reading

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IN: Even though def called off drug deal with CI at last minute there still was RS

The CI was working off his own charges. The CI had to make several tries to make a deal with defendant, and, when it happened, there was advance planning related by the CI. They also were talking on a cell … Continue reading

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CA3: The govt’s mere attribution of a cell phone to def doesn’t give him standing

Defendant couldn’t show standing in the cell phones that were searched. “ On appeal, Gatson points to the Government’s attribution of Phone 1 to him as evidence of his standing to make a claim. However, this attribution by the Government … Continue reading

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E.D.Pa.: No seizure until def made to accompany officer to security office

Police used intel to make an inquiry of defendant. Until he was made to accompany the officer to a security office, he wasn’t seized. Then, there was consent on the totality. United States v. Martin, 2018 U.S. Dist. LEXIS 134183 … Continue reading

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