Daily Archives: July 15, 2017

CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring

Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading

Posted in Dog sniff, Probable cause, Search, State constitution | Comments Off

CA2: Waiting until trial to move to suppress computer was waiver

The FBI thought they had defendant’s wife’s consent to search his computer, but they realized she didn’t know the password, so they applied for a search warrant. Defendant waited until the start of the trial to move to suppress, and … Continue reading

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CA7: Def’s wife of 21 years had apparent authority to consent to search of garage even if she didn’t regularly use it

Defendant’s wife of 21 years, 10 years at the co-owned property, had apparent authority to consent to its search. The fact she didn’t regularly go into the detached garage didn’t at all mean she didn’t have apparent authority. United States … Continue reading

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TN: Def was brought before magistrate 47¼ hours after his arrest; no Riverside violation and it wouldn’t ripen to a Gerstein violation

Defendant was brought before a magistrate 47¼ hours after his arrest and arraigned at 3:15 am, and this was presumptively reasonable. His interrogation after he was released from the hospital after arrest but before arraignment complied with Miranda, and nothing … Continue reading

Posted in Abandonment, Reasonableness | Comments Off

OR: Evidence of refusal of a breath test doesn’t violate state constitution on self-incrimination or search

Because refusal of consent is a statutory rather than a constitutional issue, “the state’s use of evidence of defendant’s refusal to consent to a breath test at trial did not violate defendant’s right against compelled self-incrimination under Article I, section … Continue reading

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DE: Nervousness, criminal history, use of a rental vehicle, and high crime area not RS

“Delaware Courts have held that nervousness, criminal history, and use of a rental vehicle are not supportive of reasonable suspicion unless used in conjunction with ‘more tangible, objectively articulable indicators of criminality.’” Being in a high crime area also wasn’t … Continue reading

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Motherboard: Liberty Might Be Better Served by Doing Away with Privacy

Motherboard: Liberty Might Be Better Served by Doing Away with Privacy by Zoltan Istvan: If tech is surveilling us constantly, we need the ability to use it to watch the watchers. [Zoltan Istvan is a futurist, transhumanist, author of The … Continue reading

Posted in Surveillance technology | Comments Off