Daily Archives: March 14, 2017

The Hill: Dems back body cameras for ICE agents

The Hill: Dems back body cameras for ICE agents by Rafael Bernal: Democrats in the House want to require immigration agents to wear body cameras amid concerns over increased immigration enforcement and the hiring of new agents.

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CA10: Considering info omitted from SW affidavit, there was still PC and outcome wouldn’t change

There was probable cause for plaintiff’s arrest based on a co-conspirators statement. Omitted information was considered by the district court on the probable cause question, and this court agrees it wouldn’t change anything. Claeys v. Mohr, 2017 U.S. App. LEXIS … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off

KS: Reclined seat here created inference of concealment of something; thus, PC

The officer saw a plastic baggie on the console with the corner torn off. Coupled with that, it was a reasonable inference that the passenger seat was reclined to conceal evidence. They added up to probable cause. State v. Howard, … Continue reading

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D.Nev.: No RS for patdown; result of patdown and car search excised from SW affidavit and remainder lacks PC because informant uncorroborated

Defendant was stopped for speeding in a residential area, and he could be ordered out of the vehicle. His patdown, however, was unreasonable because there was no reasonable suspicion for it either by his word or actions or bulges in … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

NH: When the RS dissipated, the stop should have ended

By the time the officer called for the drug dog, the basis for the stop (LPN) had been resolved, and defendant should have been free to leave. There was no justification or reasonable suspicion to continue the stop for anything. … Continue reading

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SD: Living with a parolee reduces your expectation of privacy in premises as to nonparolee

Defendant lived with a parolee, so she had a diminished expectation of privacy in their home (here a motel room) from parole searches. In a spot UA check, he tested positive at the home for methamphetamine, and then police asked … Continue reading

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D.N.M.: Opening car door to check the Nader sticker for the VIN on RS was not unreasonable

Opening a car door to check the Nader sticker for the VIN was not unreasonable and did not involve invading a space inside the car. By the time that happened, there was reasonable suspicion. Then there was consent to search … Continue reading

Posted in Border search, Cell phones, Reasonableness | Comments Off

The Root: US Border Agents Can Search Your Cellphone, New Senate Bill Would Require a Warrant First

The Root: US Border Agents Can Search Your Cellphone, New Senate Bill Would Require a Warrant First by Monique Judge: The Department of Homeland Security has reported that searches of cellphones by border agents increased five-fold in just one year, … Continue reading

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