Daily Archives: January 19, 2015

New American: DEA Began Warrantless Surveillance in 1990s!

New American: DEA Began Warrantless Surveillance in 1990s! by Thomas R. Eddlem:

Posted in Surveillance technology | Comments Off on New American: DEA Began Warrantless Surveillance in 1990s!

The Hill: Obama orders review of police militarization

The Hill: Obama orders review of police militarization: President Obama on Friday took steps to curb a federal program that arms local police with surplus military equipment. Through an executive order, the president created a working group – composed of … Continue reading

Posted in Uncategorized | Comments Off on The Hill: Obama orders review of police militarization

WaPo: The ‘Volokh Conspiracy’ Blog: Assessing Holder’s new policy curtailing asset forfeiture

WaPo: The ‘Volokh Conspiracy’ Blog: Assessing Holder’s new policy curtailing asset forfeiture: While there is no doubt that the new policy is a step in the right direction, Radley Balko has an insightful post raising questions about exactly how far … Continue reading

Posted in Forfeiture | Comments Off on WaPo: The ‘Volokh Conspiracy’ Blog: Assessing Holder’s new policy curtailing asset forfeiture

OK overrules a case to follow Navarette

In a Navarette-like case with a citizen informer with stronger facts of DUI, Oklahoma overrules a prior case and holds the stop valid. State v. Alba, 2015 OK CR 2, 2015 Okla. Crim. App. LEXIS 2 (January 16, 2015):

Posted in Reasonable suspicion | Comments Off on OK overrules a case to follow Navarette

ND: Refusal to submit statute doesn’t violate the Fourth Amendment under McNeely

The North Dakota refusal to submit statute doesn’t violate the Fourth Amendment or state constitution under McNeely. State v. Birchfield, 2015 ND 6, 2015 N.D. LEXIS 5 (January 15, 2015):

Posted in Drug or alcohol testing | Comments Off on ND: Refusal to submit statute doesn’t violate the Fourth Amendment under McNeely

OH8: Nine gang officers stopped and surrounded a group of men on the street; no reasonable suspicion

A gang unit was driving in a four vehicle convoy into the hood. When they came upon a group of men, the cars all stopped and nine officers got out and surrounded them. All officers were armed with visible weapons, … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on OH8: Nine gang officers stopped and surrounded a group of men on the street; no reasonable suspicion

N.D.Cal.: Def’s admission he lived in place he was found justified parole search of place

All things considered, defendant consented to a search of the house. The fact the consent form was signed after the entry is of minimal value and couldn’t cure an illegal entry anyway. The search is also justified as a parole … Continue reading

Posted in Arrest or entry on arrest, Consent, Probation / Parole search, Reasonable suspicion | Comments Off on N.D.Cal.: Def’s admission he lived in place he was found justified parole search of place

E.D.Tenn.: Using def’s cell phone to call 911 to obtain its number did not violate Riley

The use of defendant’s cell phone to call 911 to obtain its number did not violate Riley, and, even so, was within the good faith exception. United States v. Caldwell, 2015 U.S. Dist. LEXIS 4279 (E.D. Tenn. January 14, 2015), … Continue reading

Posted in Apparent authority, Cell phones, Consent, Reasonable suspicion | Comments Off on E.D.Tenn.: Using def’s cell phone to call 911 to obtain its number did not violate Riley