Daily Archives: May 28, 2017

NYTimes: Body Cameras, Long Distrusted, Now Help Show ‘Human Side of the Badge’

NYTimes: Body Cameras, Long Distrusted, Now Help Show ‘Human Side of the Badge’ by Julie Bosman: Law enforcement’s use of body-worn cameras has expanded around the country, largely in response to high-profile civilian deaths at the hands of officers and … Continue reading

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CA8: A 1 in 11 chance homeowner had CP on computer was enough for qualified immunity; search turned up nothing and he lost job then home

Child pornography was able to be downloaded from plaintiff’s IP address, so Minot police got a search warrant for plaintiff’s address, which appeared to be a single family dwelling. When they got there, however, they learned that 11 people lived … Continue reading

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A.F.Ct.Crim.App.: Request for phone password after signed consent to search phone after Miranda warning not interrogation

Defendant had consented to a search of his cell phone in writing. He’d been Mirandized and then was asked for the passcode, which he gave. The request (not an order) for the passcode, was not an interrogation. United States v. … Continue reading

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MA: Transfer of gun on the street was RS

Transfer of a gun on the street which appeared to be prearranged suggested criminal activity, and thus was reasonable suspicion. Commonwealth v. Suriel, 2017 Mass. App. LEXIS 73 (May 26, 2017). (This is Massachusetts. In an open carry state, this … Continue reading

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E.D.Wis.: Gov’t didn’t show abandonment of package by sender because of error in address where recipient refused it

The USPS Postal Inspector did not act reasonably in determining that the package with methamphetamine was abandoned. The recipient disclaimed any interest in it, and the investigation into the sender, who would still have an interest in it, was woefully … Continue reading

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MI: Taking ptf’s photo and prints after a valid arrest did not violate 4A

The taking of plaintiff’s photograph and fingerprints after an apparently valid arrest was not a clearly established violation of the Fourth Amendment where he was innocent of a crime. Plaintiff did not contest his arrest, but he contended that the … Continue reading

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CA10: 4A claim not stated for malicious prosecution where no arrest

Plaintiff couldn’t state a Fourth Amendment claim for malicious prosecution where she was not arrested by the officer. He presented his findings to the prosecutor who filed a charge. Fisher v. Koopman, 2017 U.S. App. LEXIS 8940 (10th Cir. May … Continue reading

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