Daily Archives: November 7, 2015

TX1: Davis GFE does not apply because of statutory exclusionary rule

“[T]he judge-made Davis exception to the judge-made federal exclusionary rule does not create an exception to the Texas exclusionary rule adopted by the Texas Legislature. Because the search warrant in this case was not based on probable cause, the Texas … Continue reading

Posted in Good faith exception, Probation / Parole search | Comments Off on TX1: Davis GFE does not apply because of statutory exclusionary rule

APNewsBreak: US border agency staff rejects body cameras for agents, citing cost, terrain

APNewsBreak: US border agency staff rejects body cameras for agents, citing cost, terrain by Elliot Spagat: Customs and Border Protection staff concluded after an internal review that agents and officers shouldn’t be required to wear body cameras, positioning the nation’s … Continue reading

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CA9 en banc: Violation of Posse Comitatus Act was systemic but unique and suppression will not be ordered

“[T]he scenario presented by this case is both extreme and unusual”: An NCIS officer conducted a statewide investigation of P2P computers with child pornography on them and reported defendant. NCIS investigators are civilian but answer to the Secretary of the … Continue reading

Posted in Exclusionary rule | Comments Off on CA9 en banc: Violation of Posse Comitatus Act was systemic but unique and suppression will not be ordered

OH2: Heroin gel caps found by plain feel

Defendant was fully cooperative and the officer was not overbearing, so the consent was voluntary. Heroin in gel caps was found by plain feel. State v. Mabry, 2015-Ohio-4513, 2015 Ohio App. LEXIS 4400 (2d Dist. Oct. 30, 2015). http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2015/2015-Ohio-4513.pdf Officers … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell | Comments Off on OH2: Heroin gel caps found by plain feel