Daily Archives: February 1, 2017

FL1: Officer was reasonable in reentering car to retrieve money he took off def and put in car seat; plain view sustained

When defendant was frisked, $1,188 was removed from him, and the officer put it on the trunk then thought to put it through the window so it wouldn’t blow away. The officer then acted reasonably going back into the unlocked … Continue reading

Posted in E-mail, Plain view, feel, smell, Reasonableness | Comments Off

CA8: Passenger in his gf’s rented car driven by yet another had no standing

Defendant was a passenger in a rental vehicle rented by his girlfriend but being driven by a third person. He was not on the rental agreement as a driver or a co-renter. He had no standing. United States v. Russell, … Continue reading

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N.D.Ga.: A wire mesh “ceiling” over a storage unit doesn’t provide a REP from someone climbing a ladder and looking

A defendant lacked a reasonable expectation of privacy in a storage unit with a wire mesh “ceiling” where the officer used a ladder and looked over the wall. There was insufficient effort to maintain privacy from others just looking. United … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

MN: Request for consent to DNA after def lawyers up doesn’t violate 5A

“Because a request that a suspect consent to provide a DNA sample does not constitute interrogation under Miranda v. Arizona, … and DNA evidence is not testimonial or communicative in nature, a police officer does not violate a suspect’s Fifth … Continue reading

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Reason: ‘Hit and Run’ Blog: ‘Armed’ is Same as ‘Armed and Dangerous’ When it Comes to Police Searches, 4th Circuit Concludes

Reason: ‘Hit and Run’ Blog: ‘Armed’ is Same as ‘Armed and Dangerous’ When it Comes to Police Searches, 4th Circuit Concludes by Brian Doherty: Opinion from 4th Circuit Court of Appeals implies that exercising your Second Amendment rights means you … Continue reading

Posted in Reasonable suspicion | Comments Off

CBS News: Police body cameras on the rise, but how effective are they?

CBS News: Police body cameras on the rise, but how effective are they?: The New York Police Department is implementing the country’s largest body camera program. More than 20,000 officers will wear the cameras once the rollout is complete by … Continue reading

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CA8: Supervised release term of “random inspections of his computer’s internet and email usage history” reasonably justified search of def’s computer

Supervised release term of “random inspections of his computer’s internet and email usage history” reasonably justified search of defendant’s computer. United States v. McCoy, 2017 U.S. App. LEXIS 1695 (8th Cir. Jan. 31, 2017):

Posted in Computer searches, Probation / Parole search | Comments Off

NJ: Passenger’s furtive movements justify ordering him from car

A passenger’s furtive movements can justify ordering him out of the car. As an aside, the court chides defense counsel for not addressing the issue before appeal so the parties could develop the record. [Most other states would say it … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off

FL: Hot pursuit for misd possession of MJ and nonviolent fleeing does not permit warrantless entry into the home

Hot pursuit for misdemeanor possession of marijuana and nonviolent fleeing does not permit a warrantless entry into the home. State v. Markus, 2017 Fla. LEXIS 233 (Jan. 31, 2017), aff’g Markus v. State, 160 So. 3d 488 (Fla. 1st DCA … Continue reading

Posted in Arrest or entry on arrest, Hot pursuit | Comments Off

BuzzFeed: Gorsuch Might Play Key Role In Cellphone Privacy Issues If Confirmed To The Supreme Court

BuzzFeed: Gorsuch Might Play Key Role In Cellphone Privacy Issues If Confirmed To The Supreme Court by Hamza Shaban: The Court is likely to consider cellphone location data, encryption, and other privacy issues in the coming years.

Posted in Cell site location information | Comments Off