Daily Archives: May 18, 2017

E.D.Pa.: Def saw police car and walked to other side of street, dropped his gun, and came back to submit to police, and that was abandonment

“Defendant unequivocally intended to abandon the firearm. After the patrol car was near the scene, Defendant walked away from it. While walking, Defendant bent down next to a parked vehicle on Pacific Street and dropped a metallic object on the … Continue reading

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NC statute that probation search be for “purpose” of probation is a limitation on the search power

A 2009 amendment to the state probation search condition required that the search serve the purpose of the supervision, so it’s not carte blanche for a probation search. The trial court’s order refusing to suppress is reversed. State v. Powell, … Continue reading

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WaPo: Is voluntariness of consent to search or seize a question of fact, law or both?

WaPo: Is voluntariness of consent to search or seize a question of fact, law or both? by Orin Kerr:

Posted in Consent, Standards of review | Comments Off

WA: Implied consent law now includes testing for THC influenced driving, and it’s constitutional

The implied consent law includes testing for THC concentration, and it is constitutional. Kandler v. City of Kent, 2017 Wash. App. LEXIS 1176 (May 15, 2017). Officers adequately explained date discrepancies in the paperwork and use of a search warrant … Continue reading

Posted in Burden of proof, Drug or alcohol testing | Comments Off

OH5: Def without DL and not on rental agreement as authorized driver had no standing

Defendant never had a DL, and he was driving a rental car and wasn’t on the paperwork as an authorized driver, so the renter had no authority to let him drive. Therefore, he lacked standing. State v. Nicholson, 2017-Ohio-2825, 2017 … Continue reading

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

Hacked again

WordPress has been updated, and it’s acting a little funny. But at least it’s working again. Getting phishing reports that tell us of the hacks. We do this whole operation on a shoestring since there is no income from it, … Continue reading

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techdirt: Appeals Court Pretty Sure DOJ Use-Of-Force Guidelines Don’t Violate Police Officers’ 2nd And 4th Amendment Rights

techdirt: Appeals Court Pretty Sure DOJ Use-Of-Force Guidelines Don’t Violate Police Officers’ 2nd And 4th Amendment Rights by Tim Cushing:

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