Daily Archives: January 4, 2018

W.D.N.C.: Counsel admonished for false dilemma that not finding pretext means condoning racism

United States v. Green, 2017 U.S. Dist. LEXIS 212999 n.1 (W.D. N.C. Dec. 29, 2017):

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OH11: Consent to search pockets didn’t include socks

Defendant consented to a search of his pockets, and the officer exceeded that consent by searching his socks. State v. Ferrell, 2018 Ohio App. LEXIS 18 (11th Dist. Jan. 3, 2018). Defendant was arrested for assault and battery on a … Continue reading

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AZ: Passenger in a vehicle has standing to contest GPS surveillance of vehicle, but here GFE applies because pre-Jones

The passenger in a vehicle subjected to GPS monitoring even for a few days and on public roads has standing to contest the monitoring. Here, however, the GPS device was placed in February 2010, more than two years prior to … Continue reading

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Cal.1: School search rationale applies to street cop called in to back up school resource officer

A school principal received a report from a CI student that the juvenile had a gun in school. He sent for the student who came to the office where a school resource officer and a street officer were waiting. “For … Continue reading

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W.D.Ky.: Motion to reconsider denial of motion to suppress only raised a trial issue, not a suppression issue, so denied

Defendant’s motion to reconsider the prior denial of a motion to suppress is denied because he raises essentially only an issue for trial as to where a gun was found, not to suppress evidence. United States v. Keeling, 2018 U.S. … Continue reading

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CA10: Franks doesn’t apply to private actors providing false information to LEOs

Even assuming private volunteer animal cruelty investigators provided false information that was used to get search warrants issued for plaintiffs’ property for evidence of cockfighting, qualified immunity applies because no case holds that the Franks doctrine applies to a private … Continue reading

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D.Me.: Getting def to reveal cell phone passcode was 5A claim, not a 4A claim

Defendant’s cell phone was seized with a warrant. Defendant was questioned and he lawyered up, but the officer ignored it and kept asking questions. Finally, defendant gave up the passcode for the phone. This is a Fifth Amendment issue, not … Continue reading

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Volokh Conspiracy: A Few Thoughts on Collins v. Virginia & Four Thoughts on Byrd v. United States

Volokh Conspiracy: A Few Thoughts on Collins v. Virginia by Orin Kerr Volokh Conspiracy: Four Thoughts on Byrd v. United States by Orin Kerr

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Reason: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches

Reason: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches by Damon Root:

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SCOTUSBlog: Argument preview: Justices to consider scope of Fourth Amendment’s “automobile exception”

SCOTUSBlog: Argument preview: Justices to consider scope of Fourth Amendment’s “automobile exception” by Amy Howe:

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SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement?

SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement? by Amy Howe:

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National Review: Opinion: We Were Wrong about Stop-and-Frisk

National Review: Opinion: We Were Wrong about Stop-and-Frisk by Kyle Smith:

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