Category Archives: Uncategorized

NYT: Opinion: Privacy Is Not Your Responsibility

NYT: Opinion: Privacy Is Not Your Responsibility by Charlie Warzel (“The idea that you have control is an insidious illusion.”)

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Search issues resolved on appeal can’t be considered in post-conviction

Petitioner’s 2255 Fourth Amendment claim was already decided on direct appeal and can’t be raised now. Felix v. United States, 2019 U.S. Dist. LEXIS 154587 (M.D. Fla. Sept. 11, 2019).* Same with this state conviction. Haithcox v. State, 2019 MT … Continue reading

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WaPo: A man live-streamed his traffic stop. He recorded police fatally shooting him.

WaPo: A man live-streamed his traffic stop. He recorded police fatally shooting him. By Katie Mettler (“It remains unclear what prompted police to use lethal force.”)

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DE: State failed to show exigency for “hot pusuit,” or even pursuit

The state failed to show exigency for hot pursuit. Defendant fled to a dwelling where he was a frequent guest. There was no indication of a risk of destruction of evidence. State v. Foreman, 2019 Del. Super. LEXIS 416 (Aug. … Continue reading

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NC: Def outside cleaning his car when police showed up for drug raid couldn’t be detained under Summers

When the police showed up to search the premises, defendant was outside cleaning his car. His detention cannot be justified by Summers as a known recent occupant of the premises. His conviction is reversed. State v. Thompson, 2019 N.C. App. … Continue reading

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Pittsburgh Post-Gazette: Editorial: Marijuana haze: Police struggle to keep up with new laws on pot

Pittsburgh Post-Gazette: Editorial: Marijuana haze: Police struggle to keep up with new laws on pot: There is a clear need for better training on medical marijuana and on search and seizure.

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CA3: Guilty plea waives a 4A claim, and the plea is the basis of conviction, not the search

A guilty plea waives a Fourth Amendment claim. The plea is the basis of conviction, not the search. United States v. Porter, 2019 U.S. App. LEXIS 22990 (3d Cir. Aug. 1, 2019):

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For those who think the Fourth Amendment is “dead” …

Lexis added 155 search cases to its database in the last 48 hours. It’s going to take a while to get caught up.

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WaPo: A police department is handing out coupons, not tickets, to people who follow the law. Not everyone is thrilled.

WaPo: A police department is handing out coupons, not tickets, to people who follow the law. Not everyone is thrilled. By Antonia Noori Farzan:

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NBC2 News: Can police search your car for medical marijuana after you leave a dispensary?

NBC2 News: Can police search your car for medical marijuana after you leave a dispensary? by Delia D’Ambra: Attorneys are becoming concerned these patients could fall victim to law enforcement overreach and have their rights violated and not even know … Continue reading

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SF Chronical: DNA hearings: SF officers gave suspect in rapes alcohol test even though they didn’t think he was drunk

SF Chronical: DNA hearings: SF officers gave suspect in rapes alcohol test even though they didn’t think he was drunk by Evan Sernoffsky: San Francisco police never smelled alcohol when they pulled over Orlando Vilchez Lazo last year. They never … Continue reading

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The Atlantic: On the Road, Police Power Has Few Limits

The Atlantic: On the Road, Police Power Has Few Limits by Sarah A. Seo: Officers have wide discretion when they pull over motorists. And the courts keep giving them more.

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