Monthly Archives: June 2017

CA7: Def was removed because he was arrested, not to avoid denial of consent; his girlfriend could consent to a search of the house but for his gun safes

Defendant’s girlfriend’s daughter left their house and reported to the police that defendant had been sexually assaulting her. Police came and ordered him out. Defendant was removed because he was arrested, not to obviate his consent. His girlfriend consented to … Continue reading

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Grits for Breakfast Blog: Pretext stops subvert public trust, undermine rule of law

Grits for Breakfast Blog: Pretext stops subvert public trust, undermine rule of law A law that everyone routinely violates because of its arbitrariness and impracticality becomes a path for the government to bypass 4th Amendment protections. Police can simply follow … Continue reading

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ABAJ: Federal prosecutor admits she listened to recordings of attorney-client conversations, filing says

ABAJ: Federal prosecutor admits she listened to recordings of attorney-client conversations, filing says by Debra Cassens Weiss:

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ZDNet: Facebook gives moderators “full access” to user accounts suspected of terror links

ZDNet: Facebook gives moderators “full access” to user accounts suspected of terror links by Zack Whittaker: Facebook has a fleet of low-paid contractors who are tasked with investigating possible connections with terrorism on its site. The key takeaway: Moderators are … Continue reading

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KSFY: ACLU files suit over forced catheterization process

KSFY: ACLU files suit over force catheterization process:

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CA11: Defs running a CC fraud operation calling the police to report a burglary of their place consented to entry when the police showed up to investigate them but said they were CSIs

Defendants were involved in credit card fraud. They were the victims of a burglary, and the burglar snitched them off. The police were called to investigate the burglary and these investigators came as a ruse that they were crime scene … Continue reading

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OH10: Flight from a Terry stop was PC for search incident

“Because appellant committed an arrestable offense when he fled from the lawful Terry stop, the search of appellant’s person following his apprehension was constitutionally reasonable as a search incident to arrest.” State v. Johnson, 2017-Ohio-5527, 2017 Ohio App. LEXIS 2583 … Continue reading

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D.S.D.: Photos of defs didn’t match the description of officers where that was part of RS calculus; search suppressed

The USMJ credited the defendants on the reasonable suspicion for continuing the stop based on the photographs of the defendants after their arrest that didn’t match what the officer was relying on for their dress and jewelry. No reasonable suspicion, … Continue reading

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Courthouse News Service: Spy Tool’s Renewal Sparks Tense Senate Hearing

Courthouse News Service: Spy Tool’s Renewal Sparks Tense Senate Hearing by Brandi Buchman: WASHINGTON (CN) – Stoking the Senate Judiciary Committee’s frustrations on Tuesday, intelligence experts had few answers to direct questions on reauthorizing a surveillance tool. Set to expire … Continue reading

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GA: Std of review: If video clear, it controls on its facts and gets de novo review

Defendant was stopped for driving a motorcycle without a helmet, and alcohol was on his breath. The objective facts from the video show the FST and breath test were consensual. “And, where, as here, the controlling facts are undisputed because … Continue reading

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OH3: Oral testimony for SW doesn’t have to be transcribed before SW served

Oral testimony in support of issuance of a search warrant did not have to be transcribed and made part of the record before the warrant was served. State v. Wilson, 2017-Ohio-5484, 2017 Ohio App. LEXIS 2544 (3d Dist. June 26, … Continue reading

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CA7: Plaintiff’s 4A claim was too generalized to state a claim

In a bankruptcy appeal, the plaintiff’s Fourth Amendment claim was too generalized to state a claim. Home Care Providers v. Hemmelgarn, 2017 U.S. App. LEXIS 11412 (7th Cir. June 27, 2017):

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