Daily Archives: May 5, 2017

The Pueble Chieftan: Pueblo police officer accused of reenacting car search for body camera

I’ve heard of searches being reenacted for the benefit of other police officers for cover, to make the search look lawful. This may be the first I’ve heard of with a body camera. I should have seen this coming because … Continue reading

Posted in Body cameras, Police misconduct | Comments Off

IN: CSLI is third-party information for which SW not required [noting pending cert. petitions]

The third party doctrine is still alive and well, and the collection of CSLI does not implicate Fourth Amendment concerns. Zanders v. State, 2017 Ind. LEXIS 339 (May 4, 2017):

Posted in Cell site location information, Third Party Doctrine | Comments Off

MA: Minor deviations from the DUI roadblock plan don’t require suppression

The minor deviations from the plan for the DUI roadblock here don’t require suppression. Commonwealth v. Baker, 2017 Mass. App. LEXIS 53 (May 4, 2017). A citizen informant’s call that defendant had a knife in his back pocket justified a … Continue reading

Posted in Roadblocks, State constitution | Comments Off

TN: Being locked in an interview room here wasn’t by consent, but statement obtained was harmless on totality

Defendant was locked in an interview room, and the trial court’s findings he was there and remained there by consent was clearly erroneous. Any error, however, was harmless in light of the overwhelming evidence of guilt. State v. Hawkins, 2017 … Continue reading

Posted in Consent, Seizure | Comments Off

NJ: Trial court was clearly erroneous in finding apartment was abandoned

The apartment was clearly not abandoned, and the trial court’s finding that it was was clearly erroneous. It had furniture and other stuff in it showing occupancy, and the officers never asked the landlord whether it was unoccupied. The trial … Continue reading

Posted in Abandonment, Probable cause | Comments Off

MO: Officers didn’t violate curtilage by going to back of mobile home to see what the neighbors could see

Officers did not violate curtilage when they could see marijuana growing behind defendant’s mobile home. While the plants weren’t visible from the front of the curtilage, going to look for another door would have revealed it. It was also visible … Continue reading

Posted in Curtilage | Comments Off

D.Conn.: Search incident included under the bed next to defendant

Search incident included a search under a bed near where the defendant was arrested, and cocaine was found there. The court rejects protective sweep under the bed as an alternative. United States v. Bohannon, 2017 U.S. Dist. LEXIS 65446 (D. … Continue reading

Posted in Probation / Parole search, Reasonable suspicion, Search incident | Comments Off

OH2: Mistaken entry of LPN into computer that resulted in erroneous stop still made the stop reasonable

The Ohio officer entered in the license number of an Illinois vehicle but omitted a letter in smaller type on the side that made the number complete because he didn’t know it was required. The wrong LPN came back as … Continue reading

Posted in Apparent authority, Reasonableness | Comments Off