Daily Archives: December 8, 2017

GIZMODO: Don’t Buy Anyone an Echo

GIZMODO: Don’t Buy Anyone an Echo by Adam Clark Estes: The newfound privacy conundrum presented by installing a device that can literally listen to everything you’re saying represents a chilling new development in the age of internet-connected things. By buying … Continue reading

Posted in Surveillance technology | Comments Off

MN: Search of guest’s purse under SW was reasonable on totality because it wasn’t on her when police entered and it could have been associated with premises

Search of a guest’s purse during execution of a search warrant was reasonable here under the totality of the circumstances. The target of the search was a woman, and a purse is commonly associated with women. When it was found, … Continue reading

Posted in Scope of search, Warrant execution | Comments Off

S.D.Cal.: Govt doesn’t get to reopen to address an issue it was told about at hearing and should have seen coming

The government filed a motion to reopen the suppression hearing after the court raised whether there was collective knowledge and the government didn’t respond. It should have seen this coming. “The Court cannot find good cause to reopen the evidentiary … Continue reading

Posted in Uncategorized | Comments Off

VI: Evidence suppressed in another case couldn’t be used here as 404(b) evidence

Evidence suppressed in another case against defendant for a Fourth Amendment violation not admissible in this case as 404(b) evidence. People v. Walters, 2017 V.I. LEXIS 165 (Dec. 4, 2017). Defendant argued his arrest was unlawful but not that his … Continue reading

Posted in Exclusionary rule, Independent source | Comments Off

OH10: Def who drove away from home before SW was executed could not be searched away from the house

Defendant left his house before the search warrant arrived. Under Bailey, he could not be stopped and searched away from the house. State v. Muldrow, 2017-Ohio-8839, 2017 Ohio App. LEXIS 5272 (10th Dist. Dec. 5, 2017). There was reasonable suspicion … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off

TN: Proving 4A IAC normally requires a witness

“‘If a petitioner alleges that trial counsel rendered ineffective assistance of counsel by failing to … file a motion to suppress … the petitioner is generally obliged to present the witness or the other evidence at the post-conviction hearing in … Continue reading

Posted in Ineffective assistance | Comments Off

Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control

Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control by Patrick McMahon:

Posted in Body cameras, Excessive force | Comments Off

AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional

AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional by Widney Brown It’s yet another attempt to stigmatize and criminalize people living in poverty.

Posted in Administrative search, Drug or alcohol testing | Comments Off

CA5: Greyhound bus interdiction at Conroe TX was not a checkpoint stop; defendant disclaimed bag and bus driver’s consent applied to it

A Greyhound bus interdiction at Conroe, Texas was not a checkpoint stop. Two plainclothes officers got on the bus and walked down the aisle. Defendant was feigning sleeping. He ultimately consented to a search of a bag over his head … Continue reading

Posted in Roadblocks | Comments Off

MA: Search of vehicle outside territorial jurisdiction of officers was void; inevitable discovery rejected

The informant hearsay satisfied Aguilar-Spinneli and thus showed probable cause. The search incident of defendant’s person was thus justified. The search of a car in an adjoining town was unreasonable because there was no statutory authorization for it under state … Continue reading

Posted in Burden of proof, Reasonableness, Search incident | Comments Off

W.D.N.Y.: Sealed indictment attached to affidavit for SW helped show PC for issuance

The affidavit for the search warrant attached defendant’s sealed indictment. Together they showed probable cause. Defendant doesn’t get a Franks hearing because of the omission that he was in the military. United States v. Owens, 2017 U.S. Dist. LEXIS 199143 … Continue reading

Posted in Probable cause | Comments Off

W.D.Mo.: Any reasonable person on supervised release would know a computer search condition extended to a cell phone

Defendant was on supervised release, and he had a computer search condition. The court concludes that any reasonable person would understand a cell phone would be a “computer” for the search condition. In any event, it had already been searched … Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off