Daily Archives: May 1, 2017

The Intercept: Taser Will Use Police Body Camera Videos ‘To Anticipate Criminal Activity’

The Intercept: Taser Will Use Police Body Camera Videos ‘To Anticipate Criminal Activity’ by Ava Kofman: Although intended as a grim allegory of the pitfalls of relying on untested, proprietary algorithms to make lethal force decisions, ‘RoboCop’ has long been … Continue reading

Posted in Body cameras | Comments Off

D.Me.: Putting an iPhone into airplane mode was not a violation of any REP

Putting a seized iPhone into “airplane mode” until a search warrant could be issued was not a search or seizure, and it did not offend a privacy interest. What officers did was contemplated by Riley. United States v. Cain, 2017 … Continue reading

Posted in Cell phones, Reasonable expectation of privacy | Comments Off

MD: Issue on appeal more nuanced and different that one presented to the trial court

Defendant’s issue on appeal is more nuanced, yet not the same as the one argued before the trial court, so there is no authority to decide it. So, the court does for the sake of argument, and it finds nexus. … Continue reading

Posted in Good faith exception, Standards of review | Comments Off

CA11: Officers had RS when they called for a Spanish speaking officer to translate

Officers had apparent reasonable suspicion but they couldn’t communicate with the six people in the rental car because none of them spoke English. They called for another officer who did, and he arrived in 12 minutes. Based on the observations … Continue reading

Posted in Reasonable suspicion | Comments Off

MD: When officers tried to stop def he fled into a high speed chase; he wasn’t seized before the chase

Defendant had warrants out and he’d called 911 and said he had a gun and he’d use it. There was reasonable suspicion for his stop before he engaged in a high speed chase. He never stopped before the chase so … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

CA5: LPN check showing insurance status “unconfirmed” is RS for stop

CA5 for the first time concludes that an LPN check that shows the vehicle’s insurance status “unconfirmed” is reasonable suspicion for a stop. Other federal appellate courts have already so held. United States v. Broca-Martinez, 2017 U.S. App. LEXIS 7612 … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Nev.: Def corroborated officer’s smelling MJ by admitting he smoked in the car the previous night

Defendant corroborated the officer’s observation of the smell of marijuana coming from the car when he admitted having smoked marijuana in the car the night before. He also corroborated the drug dog by admitting he kept marijuana where the dog … Continue reading

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

D.Mont.: Search for gun outside house in curtilage was reasonable based on exigency or public safety

A search outside for a gun was reasonable for both public and officer safety. Officers responded to a domestic call at 2 am and there were four brothers there who concerned them. United States v. Sturdevant, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion, Reasonableness | Comments Off