Monthly Archives: November 2014

E.D.Va.: IAC claim for illegal search denied because it lacked specifics

“‘Ellis submits that some of the evidence seized were [sic] so done in violation of his Fourth Amendment right[s] against unreasonable search and seizure.’ (Mem. Supp. § 2255 Mot. 6-7.) Ellis supplies no basis upon which counsel could have filed … Continue reading

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IL: Implied consent law not per se unconstitutional under McNeely

Illinois’ implied consent statute is not unconstitutional per se under McNeely. Every case has to be judged on its own facts. This involved a serious accident with injuries requiring hospitalization and defendant consented to the blood draw. People v. Hasselbring, … Continue reading

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E.D.Ky.: 911 call about burglary in progress led to objectively reasonable warrantless entry

Officers responded to a possible burglary 911 call in an area known for recent burglaries. They talked to the 911 caller, and she told them that the car parked across from the defendant’s house didn’t belong in the neighborhood, and … Continue reading

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The Hill: How to stop NSA from snooping on you

The Hill: How to stop NSA from snooping on you by Cory Bennett: The first thing to know about securing your phone is that you can’t secure your phone.

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VA: Lack of particularity in motion to suppress was waiver under statute

Defendant’s failure to refer to a Miranda violation as a product of an illegal arrest in the motion to suppress was a waiver. It did come up at the hearing, but it’s still considered waived. [See Treatise § 60.31] Gregory … Continue reading

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D.Kan.: Omission of items from return not prejudicial; using footnotes in SW affidavit isn’t “hiding” information

First, defendant’s Franks argument fails. The negative information that he complains about not being more prominently displayed was “hidden” in a footnote in the 42 page affidavit. There is nothing that says that there can’t be information in footnotes. Second, … Continue reading

Posted in Franks doctrine, Probable cause, Scope of search, Warrant execution | Comments Off on D.Kan.: Omission of items from return not prejudicial; using footnotes in SW affidavit isn’t “hiding” information

MO: Entry to talk to defendant about stolen car was without exigency and suppressed

Officers got word that a man was trying to sell a stolen car, and they gave defendant’s address. One drove by defendant’s house five times before finding the car there, so he called for back up, doing a knock-and-talk over … Continue reading

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Politico: The Great Police Violence Cover-Up

Politico: The Great Police Violence Cover-Up by Michael Hirsh It’s a federal law, but most departments refuse to divulge data on cop shootings.

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CA8: If male owner of vehicle has suspended DL, officer isn’t required to ID driver’s gender before stop

The officer here ran an LPN check and determined that the owner of the vehicle, a man, had a suspended DL. A woman was driving, but the officer could see that from the rear. “Given the road and weather conditions, … Continue reading

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Cal.1st: McNeely DUI warrant requirement is subject to the Davis good faith exception

The McNeely DUI warrant requirement is subject to the Davis good faith exception. People v. Jones, 2014 Cal. App. LEXIS 1083 (1st Dist. November 26, 2014): Prior to McNeely, all binding judicial precedent in this state, both at the Supreme … Continue reading

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D.Me.: A private searcher’s fervent desire to help the police is still a private search

A computer tech working on a computer saw “pictures of pre-teen girls in gymnast uniforms,” so he searched the search history and found searches for non-nude preteens and “pre-teen porn.” He reported it to the local police who did not … Continue reading

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D.N.M.: Police procedure expert on excessive force won’t get to testify to “nationally accepted police procedures”

In a federal criminal indictment for excessive force, the government’s use of an expert witness on “nationally accepted police procedures” on excessive force was not admissible because a violation of those undefined standards is not a violation of the constitution. … Continue reading

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TX: BAC testing not categorically subject to warrant exception; SW required here

After a few dozen appellate decisions on McNeely and Texas’s implied consent law, the Texas Court of Criminal Appeals takes one on the state’s petition for discretionary review and holds “the warrantless, nonconsensual testing of a DWI suspect’s blood does … Continue reading

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WaPo: ‘The Watch’ Blog: Police unions halt militarization reform

WaPo: ‘The Watch’ Blog: Police unions halt militarization reform by Radley Balko

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WaPo: Every move you make, every step you take, something’s tracking you

WaPo: Every move you make, every step you take, something’s tracking you by Craig Timberg: It’s that time again. We’re on the move — feasting, sharing, shopping, giving thanks. And we are being tracked every step of the way. So … Continue reading

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NY Times: Now, Anyone Can Buy a Drone. Heaven Help Us

NY Times: Now, Anyone Can Buy a Drone. Heaven Help Us by Nick Wingfield: Pranksters’ antics are forcing public safety officials to look at the air above them, generally thought safe and secure, as a place for potential trouble.

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WSJ: How It Felt to Be a ‘Suspicious’ Black Teen

WSJ: How It Felt to Be a ‘Suspicious’ Black Teen by Gary Fields: Essay: Ferguson reminds a Journal reporter of times in his youth when he was singled out by police.

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D.N.M.: PD SOPs aren’t admissible in criminal excessive force cases

Police department SOPs aren’t admissible in a criminal excessive force case under settled Tenth Circuit case law and several cases in this court. United States v. Rodella, 2014 U.S. Dist. LEXIS 164786 (D.N.M. November 20, 2014):

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E.D.Va.: The “Interplay Between Burden of Proof and Credibility” in suppression hearings

The “Interplay Between Burden of Proof and Credibility” in suppression hearings. United States v. Mobley, 2014 U.S. Dist. LEXIS 164844 (E.D. Va. November 25, 2014). This is a warrantless search and the government has the burden:

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CA7: Defense witness on apparent authority completely unbelievable

This district court did not credit defendant’s witness on the question of consent. As for credibility, “The court relied on the officers’ corroborative testimony, Hearnes’s ‘willingness to lie to law enforcement and under oath,’ and Hearnes’s demeanor throughout her testimony, … Continue reading

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