Category Archives: Uncategorized

OH5: “Request” to “come here” was not a seizure

Based on prior cases, the court finds this encounter was a consensual encounter. “We find that the Trooper’s request that appellant ‘come here’ did not turn the encounter into a seizure.” State v. Nichols, 2020-Ohio-6960, 2020 Ohio App. LEXIS 4782 … Continue reading

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NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match

NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match by Kashmir Hill (“Nijeer Parks is the third person known to be arrested for a crime he did not commit based on a bad face recognition match.”)

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OH3: When state appeals dismissal for pretrial delay, def can’t appeal denial of suppression motion

Denial of a motion to suppress is not immediately appealable in Ohio. Here, there was an appealable pretrial issue of a grant of dismissal for pretrial delay, and the court finds the suppression issue was still viable and could be … Continue reading

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UT: PC can dissipate over time; just because they had it once doesn’t mean they always will

The trial court refused to bind over defendant for trial on arson charges. The state investigated (but not completely apparently) and never sought a search warrant for evidence at the scene while they found it suspicious. The fact there might … Continue reading

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Law.com: Fired COVID-19 Data Scientist Sues Over Police Raid: ‘I’m Worried … Where We’re Going’

Law.com: Fired COVID-19 Data Scientist Sues Over Police Raid: ‘I’m Worried … Where We’re Going’ by Rachel Lean (“An armed police raid of a fired COVID-19 data scientist’s home sparked a lawsuit Monday in Leon Circuit Court, which claims the … Continue reading

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Today is Bill of Rights Day

December 15, 1791 the Bill of Rights was ratified by the states, 229 years ago.

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CBS19: CPD hires first Fourth Amendment Investigative Analyst

CBS19: CPD hires first Fourth Amendment Investigative Analyst:

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LATimes: TSA program kept surveilling some travelers without reason, audit finds

LATimes: TSA program kept surveilling some travelers without reason, audit finds by Hugo Martín (“A controversial U.S. program to monitor “high-risk” passengers at airports and on domestic flights has been poorly managed, with some fliers continuing to be monitored after … Continue reading

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D.C.Cir.: Def’s stop was consensual and his admission he had “some weed” was PC for search incident

“Lea’s initial interaction with Officers Woods and Wooley bears all the hallmarks of a consensual encounter: the officers did not touch Lea or brandish their weapons, which were concealed; Lea’s movement was not restricted; the officers wore plain clothes; the … Continue reading

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CA6: Lies told during probation search help form RS

Defendant denied he lived in the house where the police conducted a probation search. His standing was challenged, but the merits were decided. They suspected him of being involved in drug dealing and went to talk to him and his … Continue reading

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LawPracticeCLE: Evidence Seized with the Use of Canine Searches: A Guide for Attorneys

LawPracticeCLE: Evidence Seized with the Use of Canine Searches: A Guide for Attorneys (Oct. 27, 2020)

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Oregon Fed.Def.: Developments in Federal Search and Seizure Law (Oct. 2020 update)

fd.org: Developments in Federal Search and Seizure Law (Oct. 2020 update) This shows defense wins, so those from the prosecution side need to be aware. (I’ll look for a usable link that doesn’t require regular updating here.)

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Prosecutors drop charges against Robert Kraft

CBS2 News (Palm Beach): Prosecutors drop charges against Robert Kraft by Gary Detman WaPo: Charges against Patriots’ Robert Kraft dropped in Florida after ruling on video evidence by Matt Bonesteel

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D.N.M.: Def drew a diagram of shooting scene in his statement, and that provided nexus for SW for forensic evidence

Defendant’s shooting scene diagram during his statement created nexus for the search warrant to find forensic evidence of a homicide. United States v. Smith, 2020 U.S. Dist. LEXIS 174615 (D.N.M. Sept. 23, 2020):

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McDonald v. U.S. (1948) (Justice Jackson, concurring)

McDonald v. United States, 335 U.S. 451, 460-61 (1948) (Justice Jackson, concurring): I am the less reluctant to reach this conclusion because the method of enforcing the law exemplified by this search is one which not only violates legal rights … Continue reading

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LATimes: Despite past denials, LAPD has used facial recognition software 30,000 times in last decade, records show

LATimes: Despite past denials, LAPD has used facial recognition software 30,000 times in last decade, records show by Kevin Rector & Richard Winton (“The Los Angeles Police Department has used facial recognition software nearly 30,000 times since 2009, with hundreds … Continue reading

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