Monthly Archives: October 2017

GA: Protective sweep of a house after a street fight and stabbing outside and a brief standoff with a cut def was reasonable

A protective sweep of defendant’s house right after his arrest was reasonable. Officers responded to a 911 call about a street fight and a possible stabbing. A dying victim was found in the street, and another victim was in hysterics. … Continue reading

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WaPo: Oversight board finds many D.C. officers fail to properly use body cameras

WaPo: Oversight board finds many D.C. officers fail to properly use body cameras by Peter Hermann: More than a third of cases investigated by a D.C. police oversight board after complaints were made about officers’ conduct this past year involved … Continue reading

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KS suppression statute permits pretext arguments; remanded

Kansas’s suppression statute permits the defense to make a challenge based on a race-based stop, if he can prove it. The trial court didn’t apply this test, and neither did the court of appeals, so remanded for reconsideration. State v. … Continue reading

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NPR: WNYC: Predicting Crime and Enforcing Law Through Big Data

NPR: WNYC: Predicting Crime and Enforcing Law Through Big Data: Cutting-edge technology that uses big data is changing the face of law enforcement, and in ways many Americans don’t know about.

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D.S.D.: If bad driving alone wasn’t RS, his leaving a drug house and being known have prior drug arrests made it RS

Here, defendant allegedly drove left of center and he challenges that as the basis of the stop. The court doesn’t agree and goes one further, prior drug arrests and just leaving a drug house added to the driving was reasonable … Continue reading

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KS: That def’s relative owned a black Explorer and it had been parked at def’s house wasn’t RS to stop it

Stopping a car because a relative of the wanted defendant owned it and it had been seen at defendant’s house wasn’t reasonable suspicion for a stop. State v. Carr, 2017 Kan. App. LEXIS 78 (Oct. 27, 2017):

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OR: No REP in a camera and SD card left recording in a Starbucks bathroom

Defendant left a camera disguised as a cell phone charger in a Starbucks bathroom. It was found by a customer and turned over to the store manager. The manager believed it to be a camera, opened the back, and found … Continue reading

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CA6: Facebook messenger SW was not overbroad because limited in time

Defendant’s guilty plea waived any suppression motion because there was no ruling to appeal. On the merits, the search warrant here was not overbroad. The Facebook search warrant sought only five months of information related to sex with minors. It … Continue reading

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S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

Pole camera surveillance of defendant’s house for 21 months didn’t violate Fourth Amendment. He had a subjective reasonable expectation privacy, but it’s not one that society is prepared to recognize as reasonable. The court traces Katz to Jardines, and concludes … Continue reading

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NYLJ: Battle Over Emails Stored Overseas Reaches Supreme Court

NYLJ: Battle Over Emails Stored Overseas Reaches Supreme Court by Philip C. Patterson & Vera M. Kachnowski: In their International Criminal Law and Enforcement column, Philip C. Patterson and Vera M. Kachnowski discuss a case which highlights a recurring tension … Continue reading

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CA6: Plf’s stipulation there was PC in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts

Plaintiff’s stipulation there was probable cause in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts. Grise v. Allen, 2017 U.S. App. LEXIS 21358 (6th Cir. Oct. 26, 2017). The … Continue reading

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CA5: Search of wrong house leads to liability: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely because someone else was leading the search.”

Sloppy police work leading to a search of the wrong house on a warrant leads to loss of qualified immunity: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely … Continue reading

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