Daily Archives: August 13, 2017

OH3: The 3 days that an Ohio SW has to be executed in is business days

Ohio’s rule that a search warrant be executed in three days doesn’t include weekends. State v. Seaburn, 2017-Ohio-7115, 2017 Ohio App. LEXIS 3241 (3d Dist. Aug. 7, 2017). Defendant’s jaywalking stop didn’t justify a patdown where defendant wasn’t even asked … Continue reading

Posted in Reasonable suspicion, Stop and frisk, Warrant execution | Comments Off

CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of … Continue reading

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

S.D.Cal.: Scope of a parole search is based on RS parolee is in control of specific place searched

The scope of a parole search has to be based on at least reasonable suspicion that the place to be searched was under the control of the parolee. There was no evidence available that showed he had joint control of … Continue reading

Posted in Probation / Parole search, Scope of search | Comments Off

Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant

Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant by Tim Cushing:

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off