Daily Archives: February 23, 2015

GA: Search of passenger’s purse in restaurant, after driver and she walked inside, for saying she didn’t know where he was was unreasonable

The officer here ran the tags of a truck and determined that the owner was wanted. By the time he was ready to make the stop, the driver and passenger had stopped and were walking into a restaurant. He came … Continue reading

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WaPo: Building a Face, and a Case, on DNA

WaPo: Building a Face, and a Case, on DNA by Andrew Pollack: There were no known eyewitnesses to the murder of a young woman and her 3-year-old daughter four years ago. No security cameras caught a figure coming or going. … Continue reading

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WaPo: Supreme Court review of cell-site cases?

WaPo: Supreme Court review of cell-site cases? by Orin Kerr: On Tuesday of this week, the en banc Eleventh Circuit will hear oral argument in United States v. Davis, the case I blogged about here and here on whether the … Continue reading

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E.D.Mich.: No right to be arrested at earliest possible time

It is not unreasonable to observe a misdemeanor and wait an hour to arrest the defendant when he’s doing something else. Here, they waited for him to leave a bar so the arrest wouldn’t be inside. United States v. Watkins, … Continue reading

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D.Nev.: Govt failed to show defendant was aware of conditions of probation for probation search

Defendant was arrested for something after he was put on probation in state court but before the formal sentencing order and written conditions were completed. The government failed to show that defendant was aware of his conditions of probation that … Continue reading

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D.Neb.: Two cell phones and air freshener not RS; 14 min additional wait for dog unreasonable

There was no reasonable suspicion for a continued detention, and the 14 minute additional wait after defendant was free to leave was unreasonable. United States v. Thompson, 2015 U.S. Dist. LEXIS 20838 (D.Neb. January 13, 2015). As to reasonable suspicion: … Continue reading

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N.D.Tex.: Three factors combined with potentially innocent factors were still RS

Of all the factors for reasonable suspicion offered by the government, several are rejected individually, but three here were enough on the totality with the others. Piecemeal consideration of factors is impermissible under Arvizu. “Of the factors listed, three factors … Continue reading

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WaPo: Secrecy around police surveillance equipment proves a case’s undoing

WaPo: Secrecy around police surveillance equipment proves a case’s undoing By Ellen Nakashima:

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W.D.Wis.: Where PV warrant was already in system, pretext argument fails

The probation violation warrant was already in the system, and there was no evidence whatsoever that it was procured as a pretext to arrest defendant without probable cause. There was also attenuation because of actual probable cause. United States v. … Continue reading

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W.D.Pa.: Five week old information in a weapons case not stale

Because weapons have enduring value to the possessor, a five week delay in using that information to search defendant’s house was not stale. United States v. Korey, 2015 U.S. Dist. LEXIS 20532 (W.D.Pa. February 20, 2015). Defendant’s wife could consent … Continue reading

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