Daily Archives: October 9, 2017

Carpenter oral set for Nov. 29, briefs all in

The oral argument in the cell site location information-third party doctrine case this past week was set for November 29th. ScotusBlog here with links to all the briefs, both parties and amici. Petitioner’s brief Amici: Competitive Enterprise Institute, et al. … Continue reading

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

CA1: QI for excessive force doesn’t require a case exactly on point; Garner is close enough for a jury to find liability

The district court denied qualified immunity to an officer who shot the victim in the head with an AR-15 without warning for allegedly brandishing a firearm. The victim had been wandering in and out of his house with a gun … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off

OH12: SW for text messages on a cell phone was not overbroad where it was limited to messages from one person

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

Posted in Burden of proof, Cell phones, Overbreadth, Standing | Comments Off

CA6: Alleged defect in state arrest warrant was irrelevant under the 4A where there was PC

Defendant’s arrest under a purportedly defective Georgia arrest warrant was irrelevant under the Fourth Amendment because there was plenty of probable cause for it. Specifically, defendant contended that the officers needed an incident report or something that showed probable cause … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off

TX14: Def’s gf’s private search of his cell phone finding CP wasn’t unreasonable search

Defendant’s girlfriend had free access to his cell phone because the password on the phone was shared with her and it was the same as the PIN on his debit card which she also used. She conducted a valid private … Continue reading

Posted in Private search, Probable cause | Comments Off

W.D.Mo.: Stopping def on the street because he vaguely matched the description of an assailant from three days earlier lacked RS

Defendant was approached on the street as he was walking past the police station because he was the same race as a man who was a suspect in an assault three days later. He gave his first name but kept … Continue reading

Posted in Private search, Stop and frisk | Comments Off

WaPo: Editorial: A man was wrongly incarcerated for 77 days. D.C. needs to find out why [he never saw a judge]

WaPo: Editorial: A man was wrongly incarcerated for 77 days. D.C. needs to find out why. INSTANCES OF people illegally imprisoned – without legitimate cause and denied the chance to see a judge or lawyer – may be commonplace in … Continue reading

Posted in Arrest or entry on arrest | Comments Off

NPR: Supreme Court Case Asks: How Much Do Partygoers Need To Know About The Party House?

NPR: Supreme Court Case Asks: How Much Do Partygoers Need To Know About The Party House? by Nina Totenberg Supreme Court justices this week looked at whether police can arrest people who they mistakenly believe are trespassing.

Posted in Probable cause | Comments Off