Daily Archives: October 12, 2014

WaPo: Asset seizures fuel police spending (4th in a series)

WaPo: Asset seizures fuel police spending by Robert O’Harrow Jr. & Steven Rich: Police agencies have used hundreds of millions of dollars taken from Americans under federal civil forfeiture law in recent years to buy guns, armored cars and electronic … Continue reading

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ID: The area outside a tent campsite in a national forest was not defendant’s curtilage

The area outside a tent campsite in a national forest was not defendant’s curtilage. Forest Service officers came upon the campsite and it was apparent that the occupants of the tent there were smoking marijuana. The officers did not enter … Continue reading

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ID: Jacket a companion was sitting on while def was handcuffed was subject to search incident

Defendant was handcuffed and a woman with him wasn’t. She was sitting on his jacket. The jacket was still subject to search incident because she could have done something to aid him. State v. Pedersen, 2014 Ida. App. LEXIS 106 … Continue reading

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OR: No privacy interest in a text message in the recipient’s cell phone

One who sends a text message to another cell phone has no privacy in that interest when it’s in the other phone. There is a privacy interest in the content of a telephone call, but not once it’s shared with … Continue reading

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CA8: Arguable PC means qualified immunity against false arrest

There was arguable probable cause for plaintiff’s arrest, so the officers get qualified immunity. Trevino v. Benton County, Arkansas, 2014 U.S. App. LEXIS 19166 (8th Cir. October 8, 2014).* The police obtained separate search warrants for marijuana and a cell … Continue reading

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