Daily Archives: July 27, 2017

WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea

WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea by Radley Balko. The case is Harte v. Bd. of Commissioners, 2017 U.S. App. LEXIS 13399 (10th Cir. July 25, 2017), over a … Continue reading

Posted in Excessive force, Probable cause | Comments Off

PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY

Defendant had a DUI accident in Pennsylvania and his blood was drawn at an ER in New York for medical purposes. New York law would exclude the evidence, but Pennsylvania law would not because the doctor-patient privilege doesn’t apply in … Continue reading

Posted in Conflict of laws, Drug or alcohol testing | Comments Off

Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back

Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back by Marsha Coyle:

Posted in Surveillance technology | Comments Off

NJ: Waiting for a SW isn’t exigency to enter a home, but that wasn’t clearly established in 2008 for § 1983 purposes

In 2008, officers entered and seized plaintiff’s home while waiting for a search warrant. In a § 1983 and N.J. Civil Rights Act case, it was not clearly established at the time that that was unreasonable. He gets qualified immunity, … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off