Daily Archives: December 27, 2017

Mother Jones: Pot Legalization Is Transforming California’s Criminal Justice Landscape. Here’s How.

Mother Jones: Pot Legalization Is Transforming California’s Criminal Justice Landscape. Here’s How. by Brandon E. Patterson: “Smoking pot while black” will probably still be a thing, though.

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Forbes: What’s To Come As Government Surveillance Sunsets With 2017?

Forbes: What’s To Come As Government Surveillance Sunsets With 2017? by Frank Miniter:

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D.Ariz.: ICE detainer signed by ICE officer on PC doesn’t violate 4A

An ICE detainer signed by an ICE officer authorizing a hold for up to 48 hours on top of state charges was not a violation of the Fourth Amendment. United States v. Gomez-Robles, 2017 U.S. Dist. LEXIS 211348 (D. Ariz. … Continue reading

Posted in Arrest or entry on arrest | Comments Off

NY4 declines to extend state const. and warrant requirement to CSLI

The state used CSLI and cell records on less than probable cause to connect defendant to a robbery victim. These are business records, and the court declines to extend a higher state constitutional standard to CSLI but recognizing that other … Continue reading

Posted in Cell site location information, State constitution | Comments Off

D.Haw.: Authorized third party’s access of def’s security video from cloud not unreasonable nor was a SW required

“The evolution of technology gives rise, in this particular case, to the question of whether a third-party’s access to a defendant’s personal home surveillance system stored in the cloud (that is, where managed remotely and made available to users over … Continue reading

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D.Utah: Officer-caused 2-sec traffic violation was not RS for stop

The officer’s probably unintentional causing of defendant’s traffic violation made the stop unreasonable. Even if the stop was reasonable, there was no reasonable suspicion for continuing it. United States v. Esteban, 2017 U.S. Dist. LEXIS 211294 (D. Utah Dec. 22, … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

D.Minn.: Search of house for drug trafficking revealed a surveillance system and DVR; it was reasonable to conclude evidence of trafficking would be on it too for a separate SW

When executing a search warrant for drugs and guns, founded on a strong showing of probable cause, and the police finding pounds of methamphetamine and multiple firearms, discovery of surveillance cameras and a DVR not connected to a satellite or … Continue reading

Posted in Computer searches, Informant hearsay, Nexus | Comments Off

CA10: RS on totality, and most significant factor was occupants’ stories obviously being made up “on the spot”

There was reasonable suspicion on the totality from two factors that didn’t mean a lot on their own (nervousness and unusual travel plans) and one that did: completely inconsistent stories between the driver and passenger obviously being made up “on … Continue reading

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MD: Michigan v. Long protective frisk of a car includes looking under floor mats

Defendant was driving in a high crime area and engaging in activity suggesting a drug transaction. When officer stopped his vehicle, he acted suspiciously and made furtive movements. The Michigan v. Long protective sweep of a car includes lifting the … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off

D.Conn.: Police research before the search showed this was a single family dwelling, and it essentially was; remedy for that wouldn’t help def anyway

Defendant argued that the search warrant was overbroad because the property was a multi-family unit. Actually and factually, his argument boils down to: I can lock my door, so I have a separate privacy interest. The officers looked at the … Continue reading

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