Monthly Archives: September 2017

CA11: Opening car door to check window tint was reasonable

“On this record, opening the car door to test the window tint did not violate the Fourth Amendment since it satisfied the factors in Class — the safety of the officers was served by the governmental intrusion, the intrusion was … Continue reading

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MD: 40 years after questioning inventory, the author of those opinions comes around to embrace inventory

The vehicle inventory was caught on body camera, and the officer failed to include the spare tire, jack, and jumper cables. That did not make the inventory invalid. In addition, a valid inventory with a mixed motive is not unreasonable … Continue reading

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NY4: Drug testing condition of probation unenforceable without showing def needs it

Defendant’s drug testing condition of probation is unenforceable because there were no findings of drug or alcohol abuse in his past to justify it. People v. Saraceni, 2017 NY Slip Op 06732, 2017 N.Y. App. Div. LEXIS 6746 (4th Dept. … Continue reading

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FL: A “No Soliciting” sign posted on a home’s front door does not prohibit a knock-and-talk

A “No Soliciting” sign posted on a home’s front door does not prohibit law enforcement officers from conducting a knock-and-talk. People can still approach the front door under Jardines. It’s the law enforcement diversion from business at the door that … Continue reading

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WaPo: Apple is opening up amid privacy questions about Face ID, personal data collection

WaPo: Apple is opening up amid privacy questions about Face ID, personal data collection by Hayley Tsukayama: Apple released more details about the iPhone X’s Face ID feature when it published a new privacy site Wednesday, addressing some of the concerns … Continue reading

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OH4: Community caretaking function applies to unresponsive person in car

Officers did not seize defendant’s car when they approached and knocked on the window to rouse him. That was valid under the community caretaking function. They had reasonable suspicion, however, because he was disoriented, jittery, nervous, had dilated pupils, glassy … Continue reading

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TX14: Def had no standing in cell phone he gave to his girlfriend

Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant … Continue reading

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TX14: SW seizure of things besides child pornography to show def’s connection to the premises did not make the search unreasonable

The affidavit for the search warrant for defendant’s home and computer for child pornography was based on probable cause. The seizure of things besides child pornography to show defendant’s connection to the premises did not make the search unreasonable. (§ … Continue reading

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TX: Search incident still justified by discovery of a different offense after arrest

The court of appeals erred in holding that a search incident to arrest could not be justified by discovery of a different offense after arrest. As long as there was probable cause to arrest for the newly-discovered offense, and the … Continue reading

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CA9: Rodriguez taint from one stop affected a later one where the first officer had to let the vehicle go when the dog was delayed

The district court did not err during a civil forfeiture action when it granted a claimant’s motion to suppress $167,070 a sheriff’s deputy found in a mobile home the claimant was driving, ordered the Government to return the money, and … Continue reading

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The Hill: Pass the Protecting Data at the Border Act

The Hill: Pass the Protecting Data at the Border Act by Adam Schwartz and Sophia Cope:

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WaPo: D.C. police oversight agency says complaints are rising over searches

WaPo: D.C. police oversight agency says complaints are rising over searches by Peter Hermann: A D.C. police oversight board says it has received an increased number of complaints about officers conducting searches of people, vehicles and houses without obtaining proper consent, … Continue reading

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NYTimes: Dismayed by Trump, Head of Drug Enforcement Administration to Leave 

NYTimes: Dismayed by Trump, Head of Drug Enforcement Administration to Leave by Michael S. Schmidt: The acting head of the Drug Enforcement Administration will resign at the end of the week, according to law enforcement officials, who said he had become … Continue reading

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Baltimore Sun: Baltimore prosecutors drop dozens more cases involving indicted officers, others shown in body camera footage

Baltimore Sun: Baltimore prosecutors drop dozens more cases involving indicted officers, others shown in body camera footage by Kevin Rector: Prosecutors in Baltimore have decided to drop dozens of additional criminal cases that relied on the testimony of eight city … Continue reading

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The Guardian: Opinion: Why the decriminalisation of marijuana is a civil rights cause 

The Guardian: Opinion: Why the decriminalisation of marijuana is a civil rights cause by Al Sharpton: Generations of Americans – mostly people of colour – have been crushed by aggressive laws on marijuana. It’s time for that to change.

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Cert. granted: Collins v. Virginia (does automobile exception apply to search a vehicle parked near to a house on curtilage)

Cert. granted: Collins v. Virginia, 16-1027 (ScotusBlog) Issue: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the … Continue reading

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LawNewz: DOJ Seeking Info on 6000 People Who ‘Liked’ Anti-Trump Facebook Page

LawNewz: DOJ Seeking Info on 6000 People Who ‘Liked’ Anti-Trump Facebook Page by Alberto Luperon Fortune: The Trump Administration Is Targeting Anti-Trump Facebook Users by David Meyer Engadget: ACLU challenges DOJ request for info on 6,000 anti-Trump Facebook users by … Continue reading

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SCOTUSBlog: Argument preview: Parties, probable cause and the Fourth Amendment (DC v. Wesby)

SCOTUSBlog: Argument preview: Parties, probable cause and the Fourth Amendment (DC v. Wesby) by Amy Howe: When District of Columbia police officers Andre Parker and Anthony Campanale responded to reports of unauthorized goings-on at a supposedly vacant home nearly a … Continue reading

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TN: SW issuing magistrates have only district-wide jurisdiction and couldn’t issue SW here

By statute, magistrates issuing search warrants have only district-wide jurisdiction, and here the magistrate lacked authority to issue the search warrant at issue. The state did not show any exceptions. State v. Frazier, 2017 Tenn. Crim. App. LEXIS 861 (Sept. … Continue reading

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E.D.N.Y.: Under SCA, govt has to show disclosure of inquiry to target “will” hamper investigation, not just “may”

The gag order provisions of the SCA requires the government show that disclosure “will” hamper the investigation, but the government only showed “may,” and that’s not enough. Denied without prejudice to show “will.” In re Grand Jury Subpoena, 2016 U.S. … Continue reading

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