Daily Archives: July 19, 2017

Lexology: Administrative Law Judge Winnows OFCCP’s Data Request [to Google]

Lexology: Administrative Law Judge Winnows OFCCP’s Data Request by William Hays Weissman:

Posted in Administrative search, E-mail | Comments Off

PA: No REP in a gun hidden in ceiling tile at work that fell out

Officers came to the barber shop where defendant worked because of a call about a threat with a weapon. Defendant was in the bathroom, and one officer went to the door. Another went into the adjoining bathroom. Defendant put a … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

MN: Apt mgr’s ability to enter for maintenance purposes is not apparent authority to consent to a police search

An apartment manager’s ability to enter by law and by the lease for maintenance purposes does not give the manager or staff the ability to consent to a police entry. Here, a water leak brought maintenance who saw drug use … Continue reading

Posted in Apparent authority | Comments Off

OH5: Citizen’s suspicious person call alone doesn’t support a stop

Other than a citizen’s telephone call, the officer admitted there was nothing about defendant that made him look suspicious or that he was up to no good. The stop and frisk was suppressed. State v. Hall, 2017-Ohio-5805; 2017 Ohio App. … Continue reading

Posted in Reasonable suspicion | Comments Off

TN: A BOLO may be RS

“‘“[A]n alert or BOLO report may provide the reasonable suspicion necessary to justify an investigatory stop.”’ Davila v. United States, 713 F.3d 248, 258 (5th Cir. 2013) (quoting United States v. Rodriguez, 564 F.3d 735, 742 (5th Cir. 2009)); see … Continue reading

Posted in Reasonable suspicion | Comments Off

techdirt: DOJ Tells Court There No Need To Establish A Warrant Requirement For Stingray Devices

techdirt: DOJ Tells Court There No Need To Establish A Warrant Requirement For Stingray Devices by Tim Cushing:

Posted in Stingray / Hailstorm | Comments Off

D.P.R.: Protective sweep of garage and upstairs was valid; plain view sustained, but search of closed bag suppressed

“[T]he court finds that extending the protective sweep to the garage and the second floor was within the bounds set forth by the Supreme Court in Buie and the First Circuit in United States v. Winston, 444 F.3d 115, 120 … Continue reading

Posted in Plain view, feel, smell, Protective sweep, Reasonable suspicion, Scope of search | Comments Off

C.D.Cal.: Video doesn’t support stop; suppressed

The video belies the entire basis for the stop for speeding or swerving, and the court notes that the government previously dismissed three cases from the same officer for credibility issues. The court finds no basis for the stop and … Continue reading

Posted in Reasonable suspicion | Comments Off

If a hit on an LPN scanner is PC for a stop, so is one on a body camera: Naked Security: Police bodycams get tech that can identify “faces and people”

Naked Security: Police bodycams get tech that can identify “faces and people” by Lisa Vaas: Body cameras aimed at Police and other “public safety users” are getting outfitted with new abilities to identify things like stolen bicycles, missing children and … Continue reading

Posted in Body cameras | Comments Off

CA7: Controlled heroin buy led to drug warrant led to CP warrant

A drug raid on a convicted sex offender’s place found him with a half-naked 16 year old under the bed. She lied about her name and age, so the officers used their search warrant authorizing a search of cell phones … Continue reading

Posted in Cell phones, Warrant execution | Comments Off