Daily Archives: January 5, 2018

E.D.Ky.: Shots fired call led to stop on RS but seeing empty shell casings in car was PC

A shots fired call led to the stop of defendant’s car. The officer’s seeing spent shell casings inside was probable cause, and the reasonable suspicion calculus of extending the stop doesn’t apply. United States v. Cooper, 2018 U.S. Dist. LEXIS … Continue reading

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Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says

Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says by Aubrey Wieber:

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NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump

NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump by Ron Nixon:

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M.D.La.: Finding CP image hash values on a computer is PC for search

The finding of child pornography hash values on a computer is probable cause for further search of the computer. United States v. Sherlock, 2018 U.S. Dist. LEXIS 1321 (M.D. La. Jan. 4, 2018).* Playpen warrant sustained, and there was no … Continue reading

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WA: If the state wants to dismiss after a motion to suppress is granted, it may; court can’t force a trial

After a suppression motion suppressed most of the evidence against defendant, the state elected to dismiss. The trial court wouldn’t let them and made the case proceed to trial, convicting the defendant on what was left, which wasn’t much. “Addressing … Continue reading

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CA11: Takedown of otherwise compliant arrestee was reasonable

Plaintiff’s takedown by the officer was reasonable under the circumstances and not excessive, even if she was otherwise compliant. “Even assuming that Horn was totally compliant with Officer Barron, he was allowed to use some force in effecting her arrest. … Continue reading

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When a website goes down …

This website goes down every once and a while when there is server maintenance, wherever the server is. It’s frustrating to have it down for a half day, or worse a day or longer. A programming update had it down … Continue reading

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OH2: Not clearly erroneous for court to rely on dashcam over officer’s testimony re stop

The trial court could rely on the dashcam video over the officer’s testimony where there was an apparent contradiction. State v. Wilson, 2017-Ohio-9317, 2017 Ohio App. LEXIS 5816 (2d Dist. Dec. 29, 2017). Defendant’s stop was based on reasonable suspicion … Continue reading

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Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018

Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018 by Matthew Santoni:

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