Daily Archives: June 15, 2017

WaPo: Third party rights and the Carpenter cell-site case

WaPo: Third party rights and the Carpenter cell-site case by Orin Kerr:

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S.D.N.Y.: Govt couldn’t use “all records exception” because of lack of PC support

Securities fraud warrant was way overbroad and can’t be saved by the “all records exception” to search defendant’s business and apartment and seize even personal records. The search was so intrusive it violated the Fourth Amendment because there wasn’t sufficient … Continue reading

Posted in Overbreadth, Particularity | Comments Off

D.Guam: CI’s tale insufficiently reliable for PC for arrest

A named CI arrested at the airport gave up defendant. The court finds the CI’s tale insufficient for probable cause for arrest, and the arrest and its fruits are suppressed. United States v. Duenas, 2017 U.S. Dist. LEXIS 91480 (D. … Continue reading

Posted in Informant hearsay | Comments Off

W.D.Ky.: Mere refusal to cooperate is not RS, but headlong flight pretty much is

Mere refusal to cooperate is not reasonable suspicion, but headlong flight adds a lot to otherwise legally innocuous yet suggestive facts. United States v. Vance, 2017 U.S. Dist. LEXIS 87086 (W.D. Ky. June 6, 2017):

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OH3: Nine days of pole camera surveillance did not violate the 4A

Nine days of pole camera surveillance did not violate the Fourth Amendment. State v. Duvernay, 2017-Ohio-4219, 2017 Ohio App. LEXIS 2279 (3d Dist. June 12, 2017). The officer’s briefly talking to the defendant driver and his passenger did not unlawfully … Continue reading

Posted in Pole cameras, Reasonable suspicion | Comments Off

IL: A dog sniff on the third floor apartment doors of an unlocked building violated Jardines

A dog sniff on the third floor apartment doors of an unlocked building violated Jardines. The sniff occurred two years after Jardines. People v. Bonilla, 2017 IL App (3d) 160457, 2017 Ill. App. LEXIS 380 (June 14, 2017):

Posted in Curtilage, Dog sniff | Comments Off

WI: Are “open fields” on private property “public places” for officers committing a trespass?

WI holds that defendant as entitled to a self-defense instruction when he encountered two game officers on his property and thought they were trespassers. The concurring opinion concentrates on the intrusion into “open fields” and whether the state can treat … Continue reading

Posted in Open fields, Trespass | Comments Off

Hudson gutted the knock-and-announce rule by making it purely optional 11 years ago today

Hudson v. Michigan, 547 U.S. 586 (2006), decided 11 years ago today, unraveling the knock-and-announce rule of Wilson v. Arkansas (1995) and Richards v. Wisconsin (1997). It’s constitutionally required, it saves lives, it’s far more civil in a civil society, … Continue reading

Posted in Attenuation, Exclusionary rule, Knock and announce | Comments Off