Category Archives: Uncategorized

18 years old today

(The blog is old enough to vote.)

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NY (Bronx): No “clear indication” shown to connect defs to gun in trunk to compel DNA test

The state doesn’t show a “clear indication” to take DNA samples from three defendants to attempt to connect them to a gun found in the trunk of one defendant’s car that he owned up to. A motion to suppress the … Continue reading

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VICE: How New York Quietly Ended Its Street Drug War

VICE: How New York Quietly Ended Its Street Drug War by Max Daly (“New data analyzed by VICE News reveals a monumental drop in arrests and convictions for low level drug crime in NYC, as the city finally tries to … Continue reading

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NBC: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI

NBC News: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI with Ali Vitali

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IA: Trash container in the grass on the alley within easy reach was searchable

In a trash search case, the trash cans faced an alley but were on defendant’s grass. The officers could open the trash cans without stepping on the property. This was a valid trash search, and, having credited the officers’ testimony, … Continue reading

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D.Me.: No PC shown for SW in 33 year old rape and murder case, but GFE still applies (because two judges approved of it)

Defendant was the target of a 2019 search warrant for trophies (jewelry and clothing) from and ligatures used in sexual assaults and murders committed in 1986-88. Defendant did four stints in prison in between. A search warrant was issued for … Continue reading

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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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