Daily Archives: June 23, 2016

NYTimes: Editorial: Policing the Police on Stop-and-Frisk

NYTimes: Editorial: Policing the Police on Stop-and-Frisk: Three years have passed since a Federal District Court ruled that New York City’s stop-and-frisk program violated constitutional prohibitions against unreasonable search and seizure and discriminated against minority citizens, who were disproportionately and … Continue reading

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SCOTUS: Birchfield v. N.D.: refusing a blood test cannot result in charges

A breath test may be performed incident to an arrest without a warrant. A blood test requires a warrant or exigency. “Motorists may not be criminally punished for refusing to submit to a blood test based on legally implied consent … Continue reading

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S.D.Miss.: Post-Jardines dog sniff of house and car leads to suppression of sniff of car, even though it’s not on curtilage

Officers did a dog sniff at defendant’s door after Jardines and then the car in the driveway. The car in the driveway is not on the curtilage, but the court suppresses because the sniff of the car was essentially an … Continue reading

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FL1: Knock-and-talk on motel room door didn’t need justification, but here it was because robbery getaway car was outside

Officers could conduct a knock-and-talk at a motel room door without reasonable suspicion based on the fact the getaway car from an armed robbery was in the parking lot. When the person opening the door was recognized as the robber … Continue reading

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OH2: Patdown unreasonable because it was for drugs not safety

Pat down was unreasonable because officer didn’t have any safety concerns and was looking for drugs. State v. Kinnison, 2016-Ohio-3481, 2016 Ohio App. LEXIS 2337 (2d Dist. June 17, 2016). Defendant was indicted, had a motion to suppress hearing, had … Continue reading

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E.D.Wis.: Parking violation justified a seizure

“The police seized defendant Devon Bean for an alleged parking violation, locating drugs and a firearm while searching his person and car. Charged with possession of a firearm as a felon, 18 U.S.C. § 922(g)(1), and possession of marijuana with … Continue reading

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E.D.Mich.: The facts and dashcam video don’t support RS

The stop was continued without reasonable suspicion. The owner of the car was present and never asked for consent. The occupants were told that a drug dog had been called, and there was no consent. The claim of nervousness isn’t … Continue reading

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W.D.Va.: If SW includes marital privileged material, that’s for filter team, not motion to quash

The search warrant target moved to quash based on marital privilege. Under federal law, the privilege is based on common law and presumed. The affidavit for the search warrant, however, shows probable cause for witness tampering. Resolution of the marital … Continue reading

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