Daily Archives: December 16, 2017

techdirt: Cop Shuts Off Dashcam During Drug Dog Sniff. Appeals Court: This Is Fine.

techdirt: Cop Shuts Off Dashcam During Drug Dog Sniff. Appeals Court: This Is Fine. by Tim Cushing

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Law Review: Government Analysis of Shed DNA Is a Search under the Fourth Amendment

Government Analysis of Shed DNA Is a Search under the Fourth Amendment by Tracey Maclin, Boston Univeristy School of Law, 48 Texas Tech Law Review 287 (2015) (http://ssrn.com/abstract=2685766). Abstract:

Posted in DNA, Search | Comments Off on Law Review: Government Analysis of Shed DNA Is a Search under the Fourth Amendment

IA: SW for taking blood includes testing it

The search warrant authorized taking defendant’s blood so it impliedly permitted testing it as well. The expectation of privacy is already reduced by the blood draw by authorization of law. State v. Frescoln, 2017 Iowa App. LEXIS 1227 (Dec. 6, … Continue reading

Posted in Drug or alcohol testing, Reasonable expectation of privacy | Comments Off on IA: SW for taking blood includes testing it

MA: PC was shown for searching def’s cell phone for messages to and from murder victim; SW’s overbreadth was cured by searchers’ limiting scope of search

Probable cause was shown to search defendant’s cell phone for text messages and calls from the murder victim. The victim’s phone wasn’t found, and it was logical there could be information on the phone and the victim’s was taken to … Continue reading

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N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is … Continue reading

Posted in Apparent authority, Arrest or entry on arrest, Computer searches, Good faith exception | Comments Off on N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief

Petitioner’s argument “the state courts failed to apply a colorable application of the correct Fourth Amendment constitutional standards,” a “bold claim,” doesn’t overcome the Stone v. Powell bar. He did in fact litigate the Fourth Amendment claim in the state … Continue reading

Posted in Consent, Search incident | Comments Off on D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief

TX2: No exigency shown for warrantless blood draw in DUI case

The state failed to prove exigent circumstances for a warrantless blood draw from the defendant. There were other officers around and a warrant could have been sought. State v. Sanders, 2017 Tex. App. LEXIS 11674 (Tex. App. – Ft. Worth … Continue reading

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CA3: Frisk was justified by RS and plain feel of drugs resulted

The officer had reasonable suspicion to frisk defendant, and the drugs in his pocket were discovered by plain feel. United States v. Graves, 2017 U.S. App. LEXIS 25157 (3d Cir. Dec. 13, 2017). Smell of marijuana during a traffic stop … Continue reading

Posted in Informant hearsay, Plain view, feel, smell | Comments Off on CA3: Frisk was justified by RS and plain feel of drugs resulted