Daily Archives: October 23, 2016

D.Minn.: Text messages provided nexus for SW for cell phone that produced CP

Defendant lived in the heated garage converted to a bedroom of a couple with two small children. One of the children said she was touched by defendant and they ordered him out of the house. Later, a search warrant was … Continue reading

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KS: Where law changed between 2001 appeal and this one to def’s benefit, harmless error applied

In the second appeal from a 1996 murder, the Fourth Amendment law changed between the first appeal in 2001 and this one by the 2004 decision in Groh v. Ramirez. The court concludes that law of the case doesn’t apply, … Continue reading

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MA: PC showing was close, but, essentially, ties go in support of the warrant

The trial court held that the affidavit for the search warrant did not show probable cause under Aguilar-Spinelli (still followed in Massachusetts), but the court of appeals disagrees and reverses. There were direct police observations that corroborated the informant’s story. … Continue reading

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OR: Bag of meth seen in car justified search incident

The officer here saw methamphetamine in a baggie in defendant’s car, and that justified a search incident for the “crime of arrest.” State v. Delfino, 281 Ore. App. 725 (Oct. 19, 2016). The police came to defendant’s house with a … Continue reading

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NPR: Police Facial Recognition Databases Log About Half Of Americans

NPR: Police Facial Recognition Databases Log About Half Of Americans: A new report from Georgetown Law’s Center on Privacy and Technology says all it takes is a driver’s license to be included in the searchable databases. Rachel Martin talks to … Continue reading

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NYTimes: Sunday Magazine: Feature: Should We See Everything a Cop Sees?

NYTimes: Sunday Magazine: Feature: Should We See Everything a Cop Sees? by Mackenzie Funk: Body cameras have been promoted as a solution to police misconduct. But the strange two-year saga of Seattle shows just how complicated total transparency can be.

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TX10: State showed exigency for warrantless blood draw by necessary delay

The state showed exigency for a warrantless blood draw. Defendant was in a crash, and the trooper (the only one in the county) arrived an hour after the wreck, and defendant was already at the hospital. After investigating the scene, … Continue reading

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W.D.Mo.: Affidavit for SW did not mention CP but SW did; seizure of CP suppressed

Defendant was a suspect in identity theft and failure to register as a sex offender. The search warrant affidavit supported those offenses, but it also included child pornography yet no facts supporting a search for child pornography. Once in the … Continue reading

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