Daily Archives: June 12, 2017

AP: Exclusive: Moonlighting police leave body cameras behind

AP: Exclusive: Moonlighting police leave body cameras behind by John Seww:er That’s because most police agencies that make the cameras mandatory for patrol shifts don’t require or won’t allow body cameras for off-duty officers even if they’re working in uniform, … Continue reading

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Chicago Reporter: Police misconduct payouts continue to break the bank in Chicago

Chicago Reporter: Police misconduct payouts continue to break the bank in Chicago by Jonah Newman: In its final report last April, the task force criticized the city’s police oversight bodies for failing to analyze these lawsuits for trends or patterns, … Continue reading

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E.D.Mich.: Nighttime knock-and-talk and badgering led to invalid consent

Seven to nine DEA agents and a SWAT team showed up at defendant’s house at 11:30 pm October 31 for a knock-and-talk to see if defendant would consent. This was triggered by the arrest of coconspirators. Defendant’s wife finally relented … Continue reading

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ND: Consent to search to prevent towing and impoundment of a vehicle is voluntary

Consent to search to prevent towing and impoundment of a vehicle is voluntary. State v. Shick, 2017 ND 134, 2017 N.D. LEXIS 131 (June 7, 2017). Officers got a call about a possible drunk driver, and they went to the … Continue reading

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NC: Warrantless blood draw from unconscious driver violated 4A

“We now address the application of the Supreme Court’s decisions in Birchfield v. North Dakota and Missouri v. McNeely to the situation at bar, specifically, the warrantless blood draw from defendant for purposes of determining blood alcohol content. We hold … Continue reading

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S.D.Ohio: Dog sniff during the initial part of stop by another officer was reasonable

Getting one of two occupants out of a car during a stop to separate them was reasonable in any traffic stop. That wasn’t a “detention,” and the dog sniff occurring during that part of the stop was reasonable. United States … Continue reading

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ND: Separate state constitutional search argument has to be developed to be considered

Appellant’s “unconstitutional condition” argument under the Fourth Amendment has already been rejected in this case, and the state consitutitonal argument wasn’t developed. Marman v. Levi, 2017 ND 133, 2017 N.D. LEXIS 133 (June 7, 2017).* Defendant’s untimely motion for new … Continue reading

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