Category Archives: Uncategorized

E.D.N.C.: Removing protective sweep from affidavit for SW still leaves PC

While protective sweep was unreasonable, excising it from the affidavit for search warrant, still leaves probable cause. United States v. Lee, 2020 U.S. Dist. LEXIS 171270 (E.D. N.C. Sept. 18, 2020). “In sum, counsel reasonably could have concluded that movant … Continue reading

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PA: Warrantless entry for mental health check unjustified for lack of danger

The warrantless police entry into defendant’s home for a mental health check wasn’t justified by the facts because of a lack of danger. The plain view is suppressed for lack of a proper view. Commonwealth v. Schneider, 2020 Pa. Super. … Continue reading

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CNET: Warrant canary: What you need to know about this online privacy warning sign

CNET: Warrant canary: What you need to know about this online privacy warning sign by Rae Hodge (“Some companies still use warrant canaries to warn customers of threats to their privacy by US government subpoenas. But the legal waters remain … Continue reading

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S.D.Iowa: Stop for “walking while black” without RS

Defendant’s stop by police on a mere hunch by police on a call from a prosecutor who was just shopping was without reasonable suspicion. United States v. Kelly, 2020 U.S. Dist. LEXIS 153543 (S.D. Iowa Aug. 20, 2020):

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50 years today

5:30-5:45 pm, August 24, 1970, I registered for law school. The bar results were August 25, 1973, and, August 31st, my law license turns 47.

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NE adopts an objective test on the totality of circumstances for abandonment from CA8 cases

Nebraska adopts an objective test on the totality of circumstances of abandonment from Eighth Circuit cases. State v. Dixon, 306 Neb. 853 (Aug. 21, 2020):

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CA11: Def’s failure to claim cell phone once it was released was abandonment

Police released defendant’s cell phone two days after its seizure, but defendant never sought to recover it. This was considered an abandonment. Standing to challenge CSLI could be an issue because the phones weren’t claimed, but, without deciding that, the … Continue reading

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TX14: There has to be a fact dispute to get an art. 38.23(a) jury instruction on legality of search

“‘To raise a disputed fact issue warranting an article 38.23(a) jury instruction, there must be some affirmative evidence that puts the existence of that fact into question.’ Madden, 242 S.W.3d at 513. In other words, a cross examiner cannot create … Continue reading

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W.D.N.Y.: USMJ’s credibility determination is entitled to deference

While review of the R&R is de novo, the USMJ’s credibility determination on a motion to suppress is still entitled to deference. United States v. Angulo-Gomez, 2020 U.S. Dist. LEXIS 137199 (W.D. N.Y. Aug. 3, 2020). The government argued that … Continue reading

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D.Nev.: Denial of medical care after arrest can be a 4A violation, but this doesn’t measure up

“To the extent Plaintiff is asserting a denial of medical care after his arrest, but before he arrived at the detention facility, district courts within the Ninth Circuit have held that law enforcement officers are required to provide objectively reasonable … Continue reading

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Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts

Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts by Julia Weng & Daniel R. Stoller:

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E.D.Va.: Amazon gets TRO and PI in civil RICO case based on same allegations for SW a contractor was seeking kickbacks

The FBI conducted a raid of an Amazon contractor in Northern Virginia for kickbacks. Amazon sought a TRO and preliminary injunction against the defendants seeking to prevent spoliation of evidence after the target told alleged confederates of the raid by … Continue reading

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N.D.Fla.: Drug officers with PC can use patrol officers to make a stop on a traffic offense

Drug officers had probable cause but used patrol officers to make a stop based on a traffic offense, which there also was. The initial probable cause controls here. United States v. Green, 2020 U.S. Dist. LEXIS 126663 (N.D. Fla. July … Continue reading

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CA7: “The Fourth Amendment does not require best practices in criminal investigations.” Just PC

“The Fourth Amendment does not require best practices in criminal investigations.” That a controlled buy could have been done better doesn’t mean there wasn’t probable cause. United States v. Glenn, 2020 U.S. App. LEXIS 22544 (7th Cir. July 20, 2020):

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CA10: USDC isn’t obligated to draw same Franks inferences the def does

When a defendant makes a Franks challenge, the court is not obliged to make the same inference he makes in determining whether he gets a hearing. Franks requires a “substantial preliminary showing” of recklessness or acting intentionally along with materiality. … Continue reading

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E.D.N.C.: Tower dump order different than long term CSLI; § 2703 order suffices under Carpenter

“In light of the significant differences between a tower dump CLSI and long term CSLI targeted at the whole of an individual’s movements, as highlighted by the court’s decision in Carpenter, the court finds no basis for attaching a Fourth … Continue reading

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