Daily Archives: April 9, 2017

NYTimes: U.S. Blinks in Clash With Twitter; Drops Order to Unmask Anti-Trump Account

NYTimes: U.S. Blinks in Clash With Twitter; Drops Order to Unmask Anti-Trump Account by Mike Isaac: Last month, the federal government issued a summons ordering Twitter to hand over information about an anonymous account that had posted messages critical of … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off

Omaha World-Herald: Nebraska law enforcement report shows racial disparity in traffic stops

Omaha World-Herald: Nebraska law enforcement report shows racial disparity in traffic stops by Alia Conley: Nebraska law enforcement agencies continued to report racial disparities in traffic stops in 2016. In Douglas County, for example, black drivers accounted for 28.5 percent … Continue reading

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TN: Police passing “no trespassing” signs on rural land doesn’t prevent a knock-and-talk

Citing numerous cases, the Tennessee Supreme Court holds that officers passing “no trespassing” signs has no talismanic authority to make a knock-and-talk unreasonable. The overwhelming weight of authority so holds. Police came to defendant’s front door, knocked, and he opened … Continue reading

Posted in Burden of proof, Knock and talk | Comments Off

PA: CI isn’t corroborated solely because he helped make another case

The CI led to another case, but the information here wasn’t corroborated and easily could have been. “We acknowledge that this is a close case. However, the police had every opportunity to pursue more substantial corroboration prior to preparing the … Continue reading

Posted in Informant hearsay | Comments Off

NE: Return of property not required until after post-conviction is concluded

As long as post-conviction proceedings or a federal prosecution are possible, the state has the ability to keep the evidence without return to the defendant. The state statute says “may” not shall. State v. Buttercase, 296 Neb. 304, 2017 Neb. … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off

E.D.Mich.: If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose

Defendant’s cell phone was seized from his car after a stop. If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose. A search warrant was sought for the cell phone. The affidavit for the … Continue reading

Posted in Inventory, Stop and frisk | Comments Off

CA11: When one in a group in a high crime area flinches on seeing the police, others with him are subject to investigative detention

Officers approached a group of men standing in a high crime area, and one of them flinched on seeing the police. That was reasonable suspicion as to him and at least permitted a brief detention of the others in the … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off

CA1: SW for guns on 4 mo old information wasn’t stale

Defendant was a reputed Boston mobster on the lam in Idaho with a different name. Police were tipped off to his location, interviewed neighbors learning about guns, and then allegedly went to his house and peeked in the window. Even … Continue reading

Posted in Nexus, Staleness | Comments Off

D.Nev.: There is no co-conspirator standing

Defendant was charged as a co-conspirator in a drug conspiracy involving a warehouse. He makes no effort to show his individual standing, and being a co-conspirator isn’t enough. United States v. Galecki, 2016 U.S. Dist. LEXIS 185667 (D. Nev. Sept. … Continue reading

Posted in Nexus, Standing | Comments Off

WaPo: How Jeff Sessions wants to bring back the war on drugs

WaPo: How Jeff Sessions wants to bring back the war on drugs by Sari Horwitz: When the Obama administration launched a sweeping policy to reduce harsh prison sentences for nonviolent drug offenders, rave reviews came from across the political spectrum. … Continue reading

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