Daily Archives: April 25, 2017

E.D.La.: Swabbing car door handle for DNA without a SW is a trespass to chattels and barred by Jones

Swabbing a car door handle for DNA was a trespass against the plaintiff’s vehicle under Jones. A trespass to land is governed by the Fourth Amendment under Jardines and trespass to chattels is under Jones. Damage doesn’t have to occur … Continue reading

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CO: Parolee on ankle monitor had no REP in his GPS data that linked him to robberies and was turned over to feds

Defendant was on parole-like Colorado community supervision with a GPS ankle monitor. One of the POs, not his, was cross-assigned to a federal task force. When defendant was suspected of being involved in robberies, the federally assigned PO looked up … Continue reading

Posted in GPS / Tracking Data, Probation / Parole search | Comments Off

techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition

techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition by Tim Cushing:

Posted in Cell phones, School searches | Comments Off

OR requires hospitals report suspected DUIs, and this is private action although mandated by statute, or there is no REP

Oregon requires hospitals to report persons who show up for treatment who the hospital reasonably believes were involved in driving under the influence. Here, the hospital also reported defendant’s BAC to the police. “[W]e reject defendant’s invitation to overrule Gonzalez … Continue reading

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CA9: Where there are two grounds to support the search, appeal of only one means affirmance

There were two grounds on which defendant’s suppression motion could have been denied. The fact the court didn’t give defendant an opportunity to respond to one was a moot point. In addition, even if the motion had been granted, the … Continue reading

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C.D.Cal.: Arrest for loitering justified a search incident

An arrest for loitering justified a search incident. Defendant’s actions were concerning to the officer about his criminal intent. United States v. Pick, 2017 U.S. Dist. LEXIS 59287 (C.D. Cal. Feb. 28, 2017). Defendant’s saying “go ahead in look in … Continue reading

Posted in Consent, Search incident | Comments Off

WI: State didn’t violate due process or fair trial by commenting on def’s refusal to submit to a breath test

It did not deny defendant a fair trial for the state to refer to defendant’s refusal to take a breath test. State v. Lemberger, 2017 WI 39, 2017 Wisc. LEXIS 227 (April 20, 2017):

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E.D.Tenn.: Video showed clear consent and contradicted def’s testimony

Defendant consented to the search of her purse. The video clearly shows that, and it contradicts the defendant’s testimony. United States v. West, 2017 U.S. Dist. LEXIS 58892 (E.D. Tenn. Jan. 6, 2017),* adopted, 2017 U.S. Dist. LEXIS 58672 (E.D. … Continue reading

Posted in Consent, Informant hearsay | Comments Off

N.D.Iowa: Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude conducting a frisk for weapons

Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude the officer from conducting a frisk for weapons. Here, the stop was at night, in a high crime area, there were only streetlights, and … Continue reading

Posted in Reasonable suspicion, Standards of review, Stop and frisk | Comments Off

M.D.La.: A couple of pills in the car not easily identifiable as controlled substances didn’t justify a search

Defendant’s frisk was justified by reasonable suspicion. The search of his person, however, was not justified: Some pills in the car that weren’t easily identified as controlled substances does not mean that defendant was committing a crime. United States v. … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off