Daily Archives: January 3, 2018

The Hill: Opinion: Bulk surveillance is the wrong way to approach security

The Hill: Opinion: Bulk surveillance is the wrong way to approach security by Neema Singh Guliani & Jason Pye:

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D.Md.: While def’s statement is suppressed for a Miranda violation, he still consented to a search of his car during the suppressed statement

While defendant’s confession was suppressed for a Miranda violation, his consent to search was still valid because his will was not overborne. United States v. Woodland, 2018 U.S. Dist. LEXIS 319 (D. Md. Jan. 2, 2018):

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MN: Birchfield not retroactive

Application of Birchfield in Minnesota was determined to be procedural rather than substantive for purposes of retroactive effect. Johnson v. State, 2018 Minn. App. LEXIS 10 (Jan. 2, 2018). Defendant’s detention was with reasonable suspicion. “Considering the totality of the … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off

CA5: Forgoing license check not unreasonable under Rodriguez where investigation is proceeding apace

“Burcham’s argument based on Rodriguez v. United States, 135 S.Ct. 1609 (2015), is unavailing. Rodriguez is distinguishable; the district court did not err in finding that Jenkins’s decision to extend the stop was justified by additional reasonable suspicion developed from … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

OH8: Drug dog on scene while ticket being written caused no additional detention

Defendant’s stop was with reasonable suspicion based on corroborated informant hearsay. “Because the police were still in the process of writing the traffic ticket when the canine arrived and conducted the sniff, and thus the stop was not unlawfully extended.” … Continue reading

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

MyNewsLA.com: Apartment building owners sue LA over rent stabilization, argue ordinance hurts tenants

MyNewsLA.com: Apartment building owners sue LA over rent stabilization, argue ordinance hurts tenants by Toni McAllister:

Posted in Administrative search, Reasonable expectation of privacy | Comments Off

D.D.C.: Suppressed evidence [a confession] leads to grant of pretrial release

The question of the effect of suppressed evidence on the question of bail is considered at length in United States v. Taylor, 2018 U.S. Dist. LEXIS 205 (D.D.C. Jan. 2, 2018), albeit here in a suppressed confession. The court concludes … Continue reading

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CA8: Denying any knowledge of a car or its contents is abandonment of a cell phone found inside it; cell phones subject to abandonment

Defendant was believed connected to a shooting involving a Buick. He was taken back to the Buick after arrest, and he denied all knowledge of the Buick. Inside was found a cell phone that the police seized and obtained a … Continue reading

Posted in Abandonment, Cell phones | Comments Off

W.D.Mo.: Shrugging shoulders in response to a question was consent

The court finds defendant consented to a search of his bag on a bus by a shrug of his shoulders. United States v. Salas-Lopez, 2017 U.S. Dist. LEXIS 212709 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. LEXIS 212286 … Continue reading

Posted in Consent, Informant hearsay, Particularity | Comments Off