Daily Archives: February 10, 2017

NY Co.Ct.: Need for an emergency entry doesn’t need to rise to PC

Uncorroborated hearsay statement defendant was suicidal was still enough for an emergency entry. The need for an emergency entry doesn’t even necessarily have to rise to the level of probable cause. People v. Ormanian, 2016 NY Slip Op 26456, 2016 … Continue reading

Posted in Emergency / exigency | Comments Off

WaPo: How to stop data collection on your Vizio (or other smart) television

WaPo: How to stop data collection on your Vizio (or other smart) television by Hayley Tsukayama:

Posted in Surveillance technology, Third Party Doctrine | Comments Off

D.D.C.: Under Md. v. King, govt needn’t show actual need for DNA of already arrested person

The government moved for DNA by buccal swab from four defendants, and it does not have to show a need for genetic testing under Maryland v. King. United States v. Proctor, 2017 U.S. Dist. LEXIS 16618 (D.D.C. Feb. 2, 2017). … Continue reading

Posted in DNA, Protective sweep | Comments Off

S.D.Ohio: Officers had good reason to know CP on flash drive before looking; SW was based on independent source

Defendant’s house was broken into by neighbors, and they stole things, including a flash drive which defendant had admitted to them in the past had child pornography on it. The police got the flash drive from the neighbor and looked … Continue reading

Posted in Independent source, Reasonable suspicion | Comments Off

E.D.Ky.: Def asked for consent and lawyered up; officers looked at his gf and she consented; no Randolph violation

Officers spoke to defendant and he lawyered up. Then they turned to his girlfriend and talked to her getting consent. This was valid under Randolph. Defendant was right there and could have objected but didn’t. She had common authority to … Continue reading

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N.D.Ala.: One is not free to leave when officer retains his DL; otherwise, case is essentially a repeat of Strieff

A person is not free to leave when the officer retains his driver’s license. The officer’s conduct in detaining defendant here was no worse than in Strieff, and the finding of the arrest warrant would not be suppressed. United States … Continue reading

Posted in Attenuation, Consent | Comments Off

S.D.Fla.: Throwing a bag aside when seeing the police is an abandonment

Throwing a bag aside when seeing the police is an abandonment. It was speculation he would retrieve it if the police didn’t get it. United States v. Morrow, 2017 U.S. Dist. LEXIS 14604 (S.D. Fla. Jan. 20, 2017),* adopted, 2017 … Continue reading

Posted in Abandonment | Comments Off