Daily Archives: October 12, 2017

NPR: Judge Limits DOJ’s Warrant For Records From Anti-Trump Site

NPR: Judge Limits DOJ’s Warrant For Records From Anti-Trump Site by Laurel Walsley:

Posted in Reasonableness | Comments Off

The Hill: ACLU sues Homeland Security, Customs over ID check on domestic flight

The Hill: ACLU sues Homeland Security, Customs over ID check on domestic flight by Lydia Wheeler:

Posted in Immigration checkpoints | Comments Off

The Economist: More police departments and other first-responders are using drones

The Economist: More police departments and other first-responders are using drones

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WA: Homeless man had REP in his tent camping in park after hours

A homeless man camping in a tent in Vancouver, WA had a privacy interest in his closed tent even though he was camping after hours. State v. Pippin, 2017 Wash. App. LEXIS 2365 (Oct. 10, 2017):

Posted in Reasonable expectation of privacy, State constitution | Comments Off

D.C.Cir.: Defense counsel not ineffective for not raising search issue where law was uncertain at best in jurisdiction

Counsel was not ineffective for failing to challenge evidence obtained from an electronic surveillance device (truck bug) unlawfully installed in a vehicle outside of the authorizing court’s geographic jurisdiction. In light of the deeply unsettled law on the question of … Continue reading

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OH2 follows Heien on reasonable mistake of traffic law

Whether defendant properly stopped at the “stop bar” was at worst a reasonable mistake of law and thus still reasonable under Heien. Once stopped, the officer discovered defendant’s license was suspended. State v. Deacey, 2017-Ohio-8102, 2017 Ohio App. LEXIS 4457 … Continue reading

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IL: PC for house comes from man leaving house in car registered at house to do a drug deal

There was a substantial basis for finding probable cause for a search warrant for defendant’s house where a man left the house to proceed directly to a drug transaction and the car was registered at that address. That’s sufficient nexus … Continue reading

Posted in Nexus | Comments Off

MA: SW for def’s apt in drug case could authorize seizure of cell phone used to arrange drug transaction and orange shirt worn at time

The trial court erred in allowing defendant’s motion to suppress because the warrant affidavit established probable cause to believe defendant, acting through a middleman, sold cocaine to a street-level dealer. Thus, the seizure of nine cell phones found in defendant’s … Continue reading

Posted in Scope of search | Comments Off

NM: Def raised the Birchfield issue in trial court, and it applied even though case not decided until on appellate review

Birchfield applied to a case on appeal where defendant raised the issue at trial and Birchfeild came down during appellate review. State v. Vargas, 2017 N.M. LEXIS 71 (Oct. 5, 2017). When defendant was told to “take a seat” in … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off

Police One: Legal, privacy concerns to consider before implementing iris-scanning technology

Police One: Legal, privacy concerns to consider before implementing iris-scanning technology by Val Van Brocklin Looking at some public concerns and legal issues can help law enforcement plan its use of the evolving technology

Posted in Surveillance technology | Comments Off