Daily Archives: April 26, 2017

WaPo: ‘I don’t like to be touched’: Video shows 10-year-old autistic boy getting arrested at school

WaPo: ‘I don’t like to be touched’: Video shows 10-year-old autistic boy getting arrested at school by Lindsey Bever. The parents were told to bring the child in this month for “testing” and he was handcuffed and taken away by … Continue reading

Posted in Excessive force | Comments Off

ABAJ: Murdered woman’s Fitbit data inconsistent with husband’s story, police say

ABAJ: Murdered woman’s Fitbit data inconsistent with husband’s story, police say by Debra Cassens Weiss:

Posted in Surveillance technology | Comments Off

W.D.Ky.: Police responding to a panic alarm developed PC for a SW from MJ smell

Police responded to a panic alarm at defendant’s home. He was defensive and really didn’t want them around. They could smell burnt marijuana coming from the house. A sweep was conducted, and then the police obtained a search warrant. The … Continue reading

Posted in Emergency / exigency, Probable cause | Comments Off

E.D.Mo.: Agreeing that officers could look in his phone and that “nothing would be found” is broad consent

Defendant consented to a search of his cell phone. “Defendant expressly directed Officer Rudolph to look in Defendant’s cellular telephone when Officer Rudolph informed Defendant that the telephone would be seized as evidence. The statement that ‘[t]here’s not going to … Continue reading

Posted in Cell phones, Consent | Comments Off

D.N.M.: No voluntary consent to blood draw given by hallucinating man at AFB entrance

Defendant drove up to an entrance to Kirtland AFB one morning. When asked for his ID, he said he was being followed, he was filled with demons, his thoughts were being intercepted by others’ phone calls, and that he’d recently … Continue reading

Posted in Consent | Comments Off

OR: Def not seized other than traffic stop; statements admissible

Defendant was not seized beyond this being a traffic stop. Defendant’s volunteering information extended the stop. There was no other show of authority. State v. Evans, 284 Ore. App. 806, 2017 Ore. App. LEXIS 505 (April 19, 2017). Defendant can’t … Continue reading

Posted in Seizure | Comments Off

CA8: Eviction from motel by off-duty officer working motel security led to FIPF charge; entry was lawful

Off-duty police worked at a Kansas City motel that had a rash of crime, trying to clean the place up. Defendant was being evicted from a motel because he was driving a stolen car – his companion had already been … Continue reading

Posted in Private search | Comments Off