Monthly Archives: October 2013

MS erroneously puts burden on defendant to show a lack of third party consent

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D.D.C.: Of course defendant was nervous: “lights and sirens at three o’clock in the morning could make a saint nervous”

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D.N.M.: Avoiding an immigration checkpoint, without more, doesn’t justify a stop

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CA5: 1983 claim police used plaintiff as sexual bait to arrest a police officer and failure to protect fails on qualified immunity

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CA7: Waiver of collateral review plea agreement doesn’t bar Fourth Amendment IAC

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CA7: Deliberate indifference for jail suicide stated claim

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PA: Seatbelt roadblock sustained

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Popular Mechanics: If a Drone Falls in Manhattan, Does Anyone Get in Trouble?

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techdirt: EFF Lawsuit Uncovers Abuse Of Surveillance Drones; DHS Files Motion To Suppress Further Transparency

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D.Utah: Defendant driving a borrowed car showed standing without having to call the owner as a witness

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ND: Private shipper opened packages for LEO who unreasonably seized contents for lab test

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UT: Stop was without RS and immediately turned to drugs; suppressed

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S.D.Miss.: Officer detained defendant without RS, consent invalid

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S.D.Ind.: CI’s bringing video surveillance into defendant’s house was not Fourth Amendment violation

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FL1: Stepmother has authority to consent to search of stepchild’s room

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CO: References before jury to defendant refusing consent were plain error

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MA: No interlocutory appeal for defendant who said he’d resist taking DNA swab by force

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CA9: Admission of use of pipe in car was probable cause for search of car

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OH11: Search warrant for victim’s DNA in def’s apartment was speculative and overbroad

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HuffPo: NSA Phone Records Collection Can’t Be Challenged By The Callers, Government Argues

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