Daily Archives: January 10, 2015

IL: Officers investigating noise complaint at house could go to back door when nobody answered front door

Officers investigating a noise complaint could go to the back door of the subject residence when nobody answered the front door and there was apparently somebody home. People v. Cannon, 2015 IL App (3d) 130672, 2015 Ill. App. LEXIS 9 … Continue reading

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techdirt: Baltimore PD Hides Its Stingray Usage Under A Pen Register Order; Argues There’s Really No Difference Between The Two

techdirt: Baltimore PD Hides Its Stingray Usage Under A Pen Register Order; Argues There’s Really No Difference Between The Two by Tim Cushing: Another case involving Stingray devices has made its way into the federal court system, prompting the ACLU … Continue reading

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Rolling Stone: America’s Dirtiest Cops: Cash, Cocaine and Corruption on the Texas Border

Rolling Stone: America’s Dirtiest Cops: Cash, Cocaine and Corruption on the Texas Border by Josh Eells. How an elite anti-narcotics task force became the most brazen drug thieves on the Texas border

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WaPo: Lawmakers urge end to program sharing forfeited assets with state and local police

WaPo: Lawmakers urge end to program sharing forfeited assets with state and local police by Robert O’Harrow Jr.: Leaders of the House and Senate Judiciary committees on Friday called on the Justice Department to end the sharing of civil seizure … Continue reading

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D.Nev.: Defendant did not abandon his car by running from it when he saw the police; the search of the car lacked any legal basis

Defendant parked his car in a residential area, saw the police, and ran. When they caught him, he laid prone on the ground and was patted down, finding no weapons. The following search of his pockets was without probable cause … Continue reading

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TX2: Under the Texas exclusionary rule, good faith reliance on a statute does not prevent suppression of evidence

Defendant’s BAC test should have been with a warrant under McNeely. Under the Texas exclusionary rule, good faith reliance on a statute, here the implied consent law, does not prevent suppression of evidence. Texas doesn’t follow Davis. Burks v. State, … Continue reading

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E.D.Mich.: Defense counsel was completely unaware of Simmons rule and didn’t pursue suppression motion to keep def off stand

Defense counsel’s being unaware that suppression hearing testimony can’t generally be used at trial (the Simmons (1968) rule) was a failure of performance under Strickland and was not strategy. Defendant, however, would have lost the motion on the merits anyway, … Continue reading

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