Daily Archives: October 3, 2014

D.Mass.: Alleged abandonment of a backpack during forced entry to arrest was involuntary

Defendant arrested by a forced entry disclaimed a backpack, and the court finds this alleged abandonment was involuntary. But he later consented to the search. United States v. Bey, 2014 U.S. Dist. LEXIS 139581 (D. Mass. October 1, 2014):

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WaPo: Activists and Hill staffers meet to discuss curbs to asset-forfeiture laws

WaPo: Activists and Hill staffers meet to discuss curbs to asset-forfeiture laws by Robert O’Harrow Jr.: Two dozen civil liberties activists, legal specialists and Capitol Hill staffers from across the political spectrum convened Thursday to discuss reforms for civil asset-forfeiture … Continue reading

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Tech Crunch: Expert Witness For Silk Road Suggests FBI Lied About How They Accessed Back-End Servers

Tech Crunch: Expert Witness For Silk Road Suggests FBI Lied About How They Accessed Back-End Server by John Biggs: According to a court document released today, expert witness Joshua J. Horowitz, a lawyer and tech expert, believes the FBI is … Continue reading

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TN: Named eyewitness to shooting was not a “CI” needing corroboration

The “CI” in this homicide case was a known eyewitness who knew the defendant. He was a citizen informant, not a mere snitch, and his version had a presumption of reliability. State v. Dotson, 2014 Tenn. LEXIS 694 (September 30, … Continue reading

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M.D.Tenn.: Def agreed to suspicionless probation searches

Defendant agreed to suspicionless probation searches, and this one is sustained under Samson. United States v. Tessier, 2014 U.S. Dist. LEXIS 137301 (M.D. Tenn. September 29, 2014).* A dog alert on a motorhome for drugs justified a search of it. … Continue reading

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TX: Court of appeals erred in not considering GFE on a Fourth Amendment violation

The affidavit for the warrant failed to provide probable cause for the search, but the court of appeals erred in not attempting to apply the good faith exception. The case is remanded for that. McClintock v. State, 2014 Tex. Crim. … Continue reading

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