Monthly Archives: December 2017

NY4: Man with a gun report led police within one minute to couple on street, and def abandoned gun

Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading

Posted in Abandonment, Burden of pleading, Motion to suppress, Reasonable suspicion | Comments Off

Techdirt: Prosecutors Benefiting Most From Police Body Cameras [Well, duh!]

Techdirt: Prosecutors Benefiting Most From Police Body Cameras by Tim Cushing:

Posted in Body cameras | Comments Off

VA: P2P file sharing to access CP wasn’t a trespass on the curtilage; def consented to entry into the computer

The officer’s actions in accessing defendant’s computer files by peer-to-peer file sharing did not constitute a trespass to his curtilage in violation of the Fourth Amendment. Defendant demonstrated his consensual participation in the file sharing community by installing file sharing … Continue reading

Posted in Computer searches, Curtilage, Trespass | Comments Off

Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)

Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess) by Orin Kerr:

Posted in Cell site location information, SCOTUS | Comments Off

CA10: Officer’s firing gun at car fleeing after traffic stop wasn’t seizure; driver’s “momentary pause is not submission”

“Oriana Lee Farrell and her five children claim that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it drove away from … Continue reading

Posted in Excessive force, Seizure | Comments Off

IN: Dog sniff by second officer who arrived right after stop was valid; RS not needed

Defendant was stopped for driving 63 in the fast lane of a freeway with a 70 speed limit, and the officer was only going to warn the driver about the dangers of driving too slow in the fast lane. The … Continue reading

Posted in Dog sniff | Comments Off

ID: Patdown of a visitor at a probationer’s house during probation search requires RS, and here it was lacking

Finding it a close question, the patdown of a visitor during a probation search of the probationer’s house was unreasonable because there was no indication he was a problem or potentially violent. His demeanor was calm throughout for 17 minutes … Continue reading

Posted in Probation / Parole search | Comments Off

D.Minn.: No REP in inmate calls of civilly committed sexual psychopath

Defendant was civilly committed as a sexual psychopathic person. It has been held that such inmates have the same rights as a pretrial detainee. Beaulieu v. Ludeman, 690 F.3d 1017, 1028 (8th Cir. 2012). Here, defendant signed a notice of … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

NY4: Officer had RS for encounter that def fled from and hid object under leaves in flight

The officer had reasonable suspicion for an encounter and defendant fled from him, hiding an object under leaves in flight which was abandonment. People v. Thacker, 2017 NY Slip Op 09081, 2017 N.Y. App. Div. LEXIS 9104 (4th Dept. Dec. … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

W.D.N.C.: Def counsel’s busy schedule not “good cause” for motion to file motion to suppress out of time

“In his amended motion for leave, counsel admits that he received the discovery in this matter from the Government on or about October 19, 2017, but states that he was not ‘in a position to effectively review’ such materials until … Continue reading

Posted in Motion to suppress | Comments Off

CA8: Confrontation clause doesn’t apply to suppression hearings; hearsay commonly used

Defendant was added to a conspiracy case after the codefendants had a suppression hearing. It was at first agreed that their suppression hearing testimony could be considered as to defendant as well, but then defendant equivocated on that. To some … Continue reading

Posted in Motion to suppress | Comments Off

D.Ariz.: Squeezing a leather bag in a frisk and hearing bullets was reasonable

During a frisk, squeezing a leather bag without searching it was reasonable to look for a possible weapon. See United States v. Mattarolo, 209 F.3d 1153, 1158 (9th Cir. 2000). He heard the sound of bullets, and didn’t search further … Continue reading

Posted in Franks doctrine, Stop and frisk | Comments Off