Monthly Archives: August 2015

Journal Sentinel: Report shows deep racial disparity in arrests in Madison

Journal Sentinel: Report shows deep racial disparity in arrests in Madison: A black person in Madison is over 10 times more likely than a white person to be arrested, according to an analysis published Sunday by the Wisconsin State Journal. … Continue reading

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NPR: Why Utah Is The Only State Trying To Track And Limit SWAT-Style Tactics

NPR: Why Utah Is The Only State Trying To Track And Limit SWAT-Style Tactics by Martin Kaste: The phrase police militarization conjures up an image of cops wrapped in Kevlar, barging into homes with semi-automatic weapons. But familiar as that … Continue reading

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OH9: A challenge to evidence under the rules of evidence is brought by a motion in limine, not a motion to suppress

A challenge to evidence under the rules of evidence is brought by a motion in limine, not a motion to suppress. That’s for constitutional grounds. State v. Johnson, 2015-Ohio-3449, 2015 Ohio App. LEXIS 3327 (9th Dist. August 26, 2015). One … Continue reading

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D.N.M.: Gov’t fails to show consent for search of person; body recording doesn’t back it up

Defendant did not consent to a search of her person on a stop on a train. Defendant’s alleged “okay” on the body recording made by the officer and shown on the government’s transcript is an incoherent mumble, and not clear … Continue reading

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MD: Dragnet search of 21 apts looking for a shooter was unreasonable

For an exigent entry into a dwelling, probable cause is required. Here, police intended to search every apartment in two buildings looking for a shooter, and there was no probable cause as to any particular unit. They searched 21 apartments … Continue reading

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TX1: Cell phone was properly seized incident to arrest because def was attempting to leave the place of detention

Defendant was stopped after coming out of a bathroom when a 13 year old boy told his mother that a man in the bathroom flashed something shiny at him under the stall wall. When the officer confronted him, he was … Continue reading

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OR: It’s the state’s burden to argue any exceptions to the warrant requirement

It’s the state’s burden to argue any exceptions to the warrant requirement. State v. Maciel-Figueroa, 273 Ore. App. 298, 356 P.3d 674 (2015) (under submission 2½ years), aff’d, State v. Maciel-Figueroa, 361 Ore. 163, 2017 Ore. LEXIS 166 (March 2, … Continue reading

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N.D.Cal.: Some wiretap records are unsealed on request from press

The press sought unsealing of wiretapping related materials, and the parties are asked for their positions. The court orders partial release. United States v. Chow, 2015 U.S. Dist. LEXIS 114802 (N.D.Cal. August 28, 2015):

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ID: Consent to a BAC test in the face of the sanctions for refusal is not unconstitutional coercion

Consent to a BAC test in the face of the sanctions for refusal is not unconstitutional coercion. State v. Riendeau, 2015 Ida. LEXIS 218 (August 24, 2015). Exigency of looking for the victim of a serious crime justified the entry … Continue reading

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ND: State didn’t even attempt to justify inventory; policy was required to be proved

The trial court did not err in finding that the impoundment and inventory was unreasonable. The vehicle was unlicensed, but the officer did not decide to inventory it until he found out defendant gave him a false identification. The state … Continue reading

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ID: Dog putting nose in open window of car wasn’t search; it was dog following smell

A drug dog putting his nose up to the open window during an exterior dog sniff was not a search of the interior. The officers didn’t tell him to do it, and the dog was just following his smell (citing … Continue reading

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C.D.Ill.: Calls to wife showed exigency for potential removal of drugs hidden in safe in house

Defendant’s calls to his wife showed there was exigency in the contents of a safe at their house because he wanted it moved immediately. That was exigency. Also, she had apparent authority to consent. United States v. Simmons, 2015 U.S. … Continue reading

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OH3: Home burglar alarm company call and partially open door is exigency

Home burglar alarm brought the police via the alarm company. They found the door cracked open, and that was exigent circumstances for an entry. State v. Foster, 2015-Ohio-3401, 2015 Ohio App. LEXIS 3316 (3d Dist. August 24, 2015). The certified … Continue reading

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CA3: Sexual advances in a gov’tal workplace are not a Fourth Amendment search or seizure

“While Fourth Amendment protections may extend to ‘[s]earches and seizures by government employers or supervisors,’ O’Connor v. Ortega, 480 U.S. 709, 715, 107 S. Ct. 1492, 94 L. Ed. 2d 714 (1987), we agree with the District Court that the … Continue reading

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CA9: Settled by 1984 that Brady applied to police; qualified immunity denied

Not a search and seizure case, but we need to know it: It was established in 1984 at the time of one plaintiff’s conviction and 1991 of the other plaintiff that police had a duty to provide exculpatory evidence to … Continue reading

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S.D.Ala.: Asking def about his money unlawfully extended stop

After the traffic stop, defendant should have been released. As he tried to go, questions about his money unreasonably extended the stop. United States v. Snowden, 2015 U.S. Dist. LEXIS 112966 (S.D.Ala. August 26, 2015):

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CA1: Govt proved independent source for SW; nexus to computer shown by its proximity to forged documents

Removing the information from the alleged illegal search from the affidavit for search warrant still shows probable cause from independent sources, and the motions to suppress were properly denied. Nexus to search one defendant’s computer came from his carrying it … Continue reading

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CA5: Using a Taser on a person no longer resisting is excessive force

Using a Taser on a person no longer resisting is excessive force. The mentally ill plaintiff was at first resisting but then stopped. At that point, it became excessive. Carroll v. Ellington, 2015 U.S. App. LEXIS 15098 (5th Cir. August … Continue reading

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D.C.Cir. dissolves injunction against telephony metadata collection sanctioned by FISA

D.C.Cir. dissolves injunction against telephony metadata collection sanctioned by FISA. Klayman v. Obama, 15-5001 (D.C.Cir. August 28, 2015):

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Baltimore Sun: Public defender’s office to review cases involving stingray technology

Baltimore Sun: Public defender’s office to review cases involving stingray technology by Jessica Anderson: The Baltimore public defender’s office said it plans to review nearly 2,000 cases in which police used a controversial cellphone surveillance tool without defense attorneys’ knowledge, … Continue reading

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