Daily Archives: February 14, 2017

WaPo: ‘The Watch’ Blog: A day with ‘killology’ police trainer Dave Grossman

WaPo: ‘The Watch’ Blog: A day with ‘killology’ police trainer Dave Grossman by Radley Balko: These classes are getting increasingly popular at a time when the dominant political party seems to believe police officers should be given more latitude, get … Continue reading

Posted in Excessive force | Comments Off

WaPo: The Fourth Amendment at the border and beyond: A few thoughts on Hernandez v. Mesa

WaPo: The Fourth Amendment at the border and beyond: A few thoughts on Hernandez v. Mesa by Orin Kerr:

Posted in SCOTUS | Comments Off

Criminal Law: White House, Gorsuch Could Clash on Search and Seizure

Criminal Law: White House, Gorsuch Could Clash on Search and Seizure by Jessica DaSilva: Protections for non-citizens against unreasonable government searches and seizures could be an area of disagreement between President Donald J. Trump and his nominee to the U.S. … Continue reading

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D.P.R.: Officer’s testimony is just too convenient to be believed

In a remarkable opinion, the court finds the officer’s testimony just too convenient and, thus, incredible and suppresses the seizure by an alleged plain view. Also, the plain view required manipulation, and that’s not plain view. United States v. Mata-Peña, … Continue reading

Posted in Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off

FL1: Arrest for invited use of school track for exercise was without PC

Defendant was arrested without probable cause for using a school track for exercise. Despite a school no trespassing sign, there were signs inviting public use of the track and every school patron, neighbor, and police officer apparently knew it except … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

TX11: Smell of MJ from car and def’s person justified search of both

The smell of marijuana coming from a car and then defendant’s person when he got out is probable cause to search both. Defendant said he smoked all the marijuana five hours before the stop. Then he was found chewing it, … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Probable cause | Comments Off

FL2: Cloud of smoke coming from a group gives PC as to no one person without more

“Simply put, the odor of marijuana emanating from a group cannot, by itself, form the basis of a lawful detention of any particular member of that group. Nor can the fact that each member of the group engulfed in ‘billowing … Continue reading

Posted in Probable cause | Comments Off

D.P.R.: Consent before Mirandizing is not a violation of self-incrimination

Obtaining consent before Mirandizing the defendant is not a violation of self-incrimination. Defendant’s experience with the criminal justice system supports the voluntariness of his consent. United States v. Lopez-Fernandez, 2017 U.S. Dist. LEXIS 17791 (D. P.R. Feb. 6, 2017). Careless … Continue reading

Posted in Consent, Plain view, feel, smell | Comments Off

FL2: Def has standing in a package shipped to him under an assumed name

Defendant stated enough to get a hearing on his post-conviction claim that his defense counsel didn’t properly pursue a motion to suppress a package shipped to him under an assumed name, giving him standing in the package, on the ground … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness | Comments Off