Daily Archives: December 20, 2017

Cato: FISA “Reform”: The Surveillance Fear Mongering Campaign Ramps Up

Cato: FISA “Reform”: The Surveillance Fear Mongering Campaign Ramps Up by Patrick G. Eddington:

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CA10: Protective sweep conducted without RS others present; SW suppressed

Officers came to arrest defendant in his home. They conducted a protective sweep of the entire premises without reason to believe anyone else was present. Their plain views made it into a search warrant, and the search is suppressed. United … Continue reading

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N.D.Iowa: Officer’s slow walking issuance of ticket to allow drug dog time to arrive wasn’t objectively unreasonable

The officer’s subjective intent to delay the processing of defendant’s speeding ticket didn’t show that it was objectively slowed down to give time to get a drug dog to the scene to conduct a car sniff before the finishing of … Continue reading

Posted in Dog sniff, Reasonable expectation of privacy, Reasonableness | Comments Off

Police News: How SCOTUS impacted law enforcement in 2017

Police News: How SCOTUS impacted law enforcement in 2017 by Terrence P. Dwyer

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NJ: Failure of affidavit for SW to say which apartment was def’s was fatal error under state const.

There was a reasonable basis for finding probable cause that drug sales were occurring from defendant’s house, but the affidavit for the warrant failed to show which apartment in a 30 unit complex was his. Since New Jersey doesn’t recognize … Continue reading

Posted in Good faith exception, Nexus, Probable cause, State constitution | Comments Off

CA9: Officer’s peek into backpack seeing cocaine before getting SW didn’t taint the search; plenty of PC before the peek

Officer’s peek into backpack seeing cocaine before getting a search warrant for it didn’t taint the search. There was plenty of probable cause before the peek. “The agents disclosed in the warrant affidavit that they had looked inside the backpack … Continue reading

Posted in Independent source, Probable cause | Comments Off