Category Archives: Reasonableness

S.D.Ohio declines to wait for Microsoft to be decided and issues SW for gmail in another country

The government has applied for a Google search warrant stored overseas. Rather than wait for United States v. Microsoft to be decided, the court reviewed all the briefing in that case and decides that the search warrant will issue. In … Continue reading

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techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That

techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That by Tim Cushing: Time and time again, courts remind officers of the law don’t actually have to know the law to enforce the … Continue reading

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GA: Where no violation of clear statute, no Heien reasonable mistake of law defense for state

Defendant did not violate the traffic statute that the officer stopped him for. Therefore, Heien’s reasonable mistake of law and good faith doesn’t apply. Moreover, there is no good faith exception in Georgia. Harris v. State, 2018 Ga. App. LEXIS … Continue reading

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MA: Two detectives joining into a traffic stop didn’t make it unreasonable or extend it

The stop was for a traffic offense, and two detectives stopped to participate. Their questions about smelling marijuana didn’t unreasonably extend the stop. Commonwealth v. Buckley, 2018 Mass. LEXIS 87 (Feb. 14, 2018):

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Cal.4th: No statutory or inherent authority for a court to impose a search condition as a condition of bail

There is no statutory or inherent authority for a court to impose a search condition as a condition of bail. The defendant is still presumed innocent and still has a reasonable expectation of privacy. In re Webb, 2018 Cal. App. … Continue reading

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ACLU: Does a US Warrant Extend to Data Held Abroad?

ACLU: Does a US Warrant Extend to Data Held Abroad? by Jennifer Stisa Granick: When the government wants a company in the United States to turn over private data stored in another country, which country’s laws apply? The Supreme Court … Continue reading

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NJ: Misapplication of statute to make stop means stop is bad; Heien not yet applied in NJ

The law requires a working taillight. Defendant had one. “The officer’s erroneous application of the functioning taillight requirement was not an objectively reasonable mistake of law.” Therefore, Heien and the objectively reasonable mistake of law doesn’t apply here. The court, … Continue reading

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CA1: Exclusionary rule as to a statement won’t be applied to military disciplinary review board case

In a military disciplinary case, the court holds that a statement obtained without warnings could still be used before a disciplinary review board because the exclusionary rule is disfavored. Sasen v. Spencer, 2018 U.S. App. LEXIS 517 (1st Cir. Jan. … Continue reading

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NC: Officer’s reasonable but mistaken belief that def’s picture was in a database of wanted persons made the arrest valid

The officer’s reasonable but mistaken belief that defendant’s picture was in a database of wanted persons made the arrest valid. “Additionally, the seizure of a person based on a reasonable mistake as to that person’s identity is constitutional. State v. … Continue reading

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N.D.Iowa: Officer’s slow walking issuance of ticket to allow drug dog time to arrive wasn’t objectively unreasonable

The officer’s subjective intent to delay the processing of defendant’s speeding ticket didn’t show that it was objectively slowed down to give time to get a drug dog to the scene to conduct a car sniff before the finishing of … Continue reading

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A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

An AFOSI form states that a cell phone search has to occur within three days of their acquiring the phone. The court in the past has suggested that form change because it’s unreasonable to expect that it can be done … Continue reading

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E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading

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