Monthly Archives: March 2015

The automobile exception turned 90 this month. Thank you, Prohibition

We missed it: The automobile exception turned 90 years old on March 2. Carroll v. United States, 267 U.S. 132 (1925) (7-2). The justification for the search was the Volstead Act (Prohibition) and the statutory authority given to Prohies to … Continue reading

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CA4: Failure to raise search issue on first appeal waived it for appeal after remand

Defendant’s conviction was previously reversed and remanded. On this second appeal, defendant raises a search issue that wasn’t in the first appeal. That issue is barred by the “mandate rule” that it had to be appealed the first time or … Continue reading

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D.Nev.: No reasonable mistake of law where only case on point says no RS for stop

A Nevada statute proscribes things “upon” the windshield. Air fresheners hanging from the mirror don’t violate the statute. The only Ninth Circuit case involves an almost identical city code provision, and that court held that something hanging from the mirror … Continue reading

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E.D.Mo.: Not knowing your address while walking “home” in a high crime area and pulling up pants because of likely weight of gun was RS

Walking alone at night in a high crime area [the ‘hood?] and pulling up pants strongly suggested defendant had a gun there in his pants. He was nervously looking at the police car. He said he was going home but … Continue reading

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S.D.Miss.: Mississippi AG’s office’s subpoena to Google was retaliatory under the First Amendment and overbroad under the Fourth Amendment

The Mississippi AG’s office’s subpoena to Google was retaliatory under the First Amendment and overbroad under the Fourth Amendment. Google, Inc. v. Hood, 3:14cv981-HTW-LRA (S.D. Miss. March 27, 2015):

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ACLU Press Release: ACLU, Portland Police Reach Settlement in Filming Case

ACLU, Portland Police Reach Settlement in Filming Case: PORTLAND – The ACLU of Maine and counsel for Portland Police Officer Benjamin Noyes have reached a settlement in a lawsuit brought on behalf of a Bar Harbor couple who were arrested … Continue reading

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SCOTUS per curiam: Grady v. North Carolina: Satellite based monitoring of sex offenders implicates the Fourth Amendment; reversed for reconsideration under Jones

North Carolina’s satellite based monitoring (SBM) of sex offenders is designed to effect a government search of the location of sex offenders under Jones. It matters not that it is in the context of a civil case. The state court … Continue reading

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KS: Davis GFE applied to a blood draw process valid at time but later held unconstitutional

Defendant was involved in a head-on accident and was unconscious at the hospital when his blood was drawn. The good faith exception to the exclusionary rule applies because, at the time of the blood draw, it was lawful under state … Continue reading

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GA: Implied consent rejected in Georgia under McNeely; actual consent is required.

Implied consent rejected in Georgia under McNeely. Actual consent is required. “Nevertheless, sister states have considered statutory implied consent as an exception to the Fourth Amendment’s warrant requirement in the wake of McNeely, and have reached varying conclusions as to … Continue reading

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CA5: Texas deer breeding industry is “closely regulated”

Based on prior case law, “the provisions regulating the [Texas] deer breeder industry are sufficiently ‘extensive’ to place that activity ‘squarely within the class of industries to which Burger applies.’” Therefore, it was a closely regulated industry, and the administrative … Continue reading

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upworthy: Rarely does the president invite someone to the White House to criticize a 44-year-old policy.

upworthy: Rarely does the president invite someone to the White House to criticize a 44-year-old policy by Parker Molloy: “The way we treat nonviolent drug crimes is problematic, and from a fiscal perspective, it’s breaking the bank.” “It’s draconian, and … Continue reading

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AP Exclusive: Before leak, NSA mulled ending phone program

AP Exclusive: Before leak, NSA mulled ending phone program by Ken Dilanian: WASHINGTON — The National Security Agency considered abandoning its secret program to collect and store American calling records in the months before leaker Edward Snowden revealed the practice, … Continue reading

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E.D.Mo.: Having def roll up sleeves to photograph his tattoos at time of arrest was reasonable

Officers investigating child pornography found an outstanding arrest warrant for defendant, so they went and executed it first and did a search incident of the person. They also got a search warrant. They seized a cell phone and got a … Continue reading

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CA7: Parole search permitted of gym bag left in cousin’s car when defendant wasn’t present

Defendant was on parole and suspected of being involved in a shooting. He left a gym bag in his cousin’s car. The parole search condition permitted the search of his gym bag even though he wasn’t present at the time. … Continue reading

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CA7: Inmate forced to wear a see-through jumpsuit for prison transfer stated 8th Amd. claim but not 4th

Plaintiff inmate was forced to wear a see-through jumpsuit, and he stated an Eighth Amendment claim, but not one under the Fourth Amendment. He couldn’t comply with PLRA. “We reverse and remand for further proceedings. King’s transfer to the state … Continue reading

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NY3: Trial court should have reopened suppression hearing with affidavit showing guest standing

Defense counsel filed a motion to suppress, and it was denied because defendant did not show he was anything other than a transient guest in the premises. An affidavit from the owner was presented the day of the plea that … Continue reading

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CAAF: AFB gate security officer wasn’t AFOSI, so his involvement was private search on day off

Defendant’s wife enlisted aid from a family friend at an Air Force base who was in the gate security forces, and he wasn’t a criminal investigator. At the time all this arose, she was there for social purposes. The court … Continue reading

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The Hill: How the TSA spots terrorists

The Hill: How the TSA spots terrorists A confidential checklist reveals a point system employed by the agency.

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M.D.Fla.: Marijuana flakes on passenger’s pants not PC as to everybody in car

Officers conduct admittedly pretextual stops in the downtown Orlando area to show police presence to deter crime. The car was stopped and the occupants told to put their hands up. Here, a seatbelt stop led to noticing marijuana flakes on … Continue reading

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OR: No exigency for entry into home to arrest a DUI suspect; at minimum a telephonic warrant could have been obtained

Police had no exigency to enter defendant’s house and arrest him for suspicion of DUII. He was seen on the street last at 11:01 am, and they had his address from his LPN. They went to his house and saw … Continue reading

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