Daily Archives: July 29, 2016

E.D.Cal.: Dashcam video showed officer slow walked the citation to add time for the drug dog; no RS for the delay

It was apparent from the video that the officer slow walked the citation to give more time to the drug dog to get there and do its job. Selective muting of the audio at the time by the officer also … Continue reading

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New American: New Illinois Law Nullifies Expansion of Surveillance State

New American: New Illinois Law Nullifies Expansion of Surveillance State by Joe Wolverton, II: A new law in Illinois works to protect citizens of that state from being subjected to electronic surveillance that violates their right to be free from … Continue reading

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E.D.Tex.: No REP in a cell phone call made in back of patrol car caught on dashcam

Defendant’s stop was valid, and so was the ultimate inventory of the car under Bertine. Defendant was in the back of a police car, and he called his grandfather and the audio was picked up on the dashcam video where … Continue reading

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MO: Where there’s PC to believe evidence is in a vehicle, it may be seized to remove it for search

When there is probable cause to believe a vehicle contains criminal evidence, exigent circumstances can support its seizure pending determination whether to search it under the automobile exception or to remove it to a secure location for search. State v. … Continue reading

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D.Ore.: No territorial limitation for SW to Facebook under § 2703

“The territorial limitation in Rule 41 … does not limit warrants issued pursuant to [18 U.S.C.] § 2703.” A search warrant for Facebook in another jurisdiction was valid. United States v. Bundy, 2016 U.S. Dist. LEXIS 94476 (D.Ore. July 20, … Continue reading

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E.D.N.C.: Losing sight of the def for a few minutes didn’t dissipate the RS

The officer had reasonable suspicion on the totality, and it doesn’t dissipate just because the officer lost sight of defendant for a little while. United States v. Williams, 2016 U.S. Dist. LEXIS 94514 (E.D.N.C. June 2, 2016),* adopted, 2016 U.S. … Continue reading

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E.D.Mich.: Detailed tip about def coupled with seeing bulge of a gun was RS

Aside from the detailed tip the police had about defendant, the officer saw the bulge of a gun, and that was reasonable suspicion. United States v. Bridges, 2016 U.S. Dist. LEXIS 95367 (E.D.Mich. July 21, 2016).* Defendant’s patdown at the … Continue reading

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S.D.Ga.: Motion to suppress wasn’t timely and discovery wasn’t that complicated; but he’d lose on standing or merits anyway

Defendant’s motion to suppress wasn’t timely, and he had plenty of time to get it filed and didn’t give an excuse or even mention it being late. “Large volumes of discovery can indeed constitute good cause for addressing a motion’s … Continue reading

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S.D.Ga.: Search issue mentioned in passing and not fleshed out is waived

“The felony probation-violation arrest warrant alone was all the police needed to arrest James at any time, so his warrantless seizure argument is simply frivolous.” Another argument mentioned in passing is treated as waived for failure to flesh it out. … Continue reading

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