Daily Archives: July 10, 2017

M.D.Ala.: Supposition isn’t enough to discredit officer’s testimony about the stop

The court finds the officer’s testimony credible: “The court is likewise unpersuaded by the defendants’ arguments that Arwood’s testimony regarding the events of the day and his reason for stopping defendants’ vehicle lacks credibility. Defendants raise a litany of concerns … Continue reading

Posted in Burden of proof, Reasonable suspicion | Comments Off

Courthouse News Service: Albuquerque Police Call Spying Tech So Secret They Can’t Even Say They Have It

Courthouse News Service: Albuquerque Police Call Spying Tech So Secret They Can’t Even Say They Have It by Victoria Prieskop:

Posted in Stingray / Hailstorm | Comments Off

The Guardian: Facebook among tech firms battling gag orders over government surveillance

The Guardian: Facebook among tech firms battling gag orders over government surveillance by Olivia Solon:

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OH7: Providing passcode to cell phone showed consent

Defense counsel didn’t provide ineffective assistance of counsel for not pursuing a motion to suppress consent to search her cell phone. Defendant verbally consented to search her home and then in writing, and then she verbally consented to the search … Continue reading

Posted in Cell phones, Consent, Ineffective assistance | Comments Off

CA11: Punching ptf in the face because of apparent threat to officer was QI

Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. “Viewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off

WI: Failure to call one officer was not IAC because it wouldn’t change the outcome of suppression hearing

The record supported that defendant consented to the search of his car. The IAC claim was denied because the failure to call one of the officers would not have changed the outcome. State v. Floyd, 2017 WI 78, 2017 Wisc. … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off