Daily Archives: January 10, 2018

N.D.Ohio: Consent was to “take a look around,” but a complete search occurred and it’s suppresed

Consent was to “take a look around.” Instead, a complete search occurred, and that violated the scope of consent. Moreover, directions to the consenter show that she was under police control and not free to leave and that factors into … Continue reading

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Techdirt: Jury Awards Couple No Damages For Bungled Marijuana Raid Predicated On Wet Tea Leaves

Techdirt: Jury Awards Couple No Damages For Bungled Marijuana Raid Predicated On Wet Tea Leaves by Tim Cushing. A raid on 4/20.

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Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection

Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection by Carrie DeCell:

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CA1: Exclusionary rule as to a statement won’t be applied to military disciplinary review board case

In a military disciplinary case, the court holds that a statement obtained without warnings could still be used before a disciplinary review board because the exclusionary rule is disfavored. Sasen v. Spencer, 2018 U.S. App. LEXIS 517 (1st Cir. Jan. … Continue reading

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N.D.Iowa: Admissions about one’s own drug use to police during 911 call about unresponsive woman were RS

Police and EMTs responded to a 911 call about an unresponsive woman who later died. At the scene, admissions about defendant’s own drug abuse were made. “The court finds that the information about E.M.’s drug use, particularly when coupled with … Continue reading

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CA1: Inevitable discovery applies to patdown; safety ultimately justified it

The district court credited the testimony of the officer that the patdown was justified by legitimate safety concerns after he got inconsistent dates of birth from the passenger. While the patdown otherwise would have exceeded the scope of a lawful … Continue reading

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TN proposes rule change to codify GFE it recently adopted

In re Amendments to the Tenn. Rules of Crim. Procedure, 2018 Tenn. LEXIS 2 (Jan. 9, 2018):

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SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights

SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights by Amy Howe. Transcripts: Byrd & Collins

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Law & Crime: ‘Dark Side’ Federal Unit Feeds Possibly Illegal Tips to Local Cops, Report Says

Law & Crime: ‘Dark Side’ Federal Unit Feeds Possibly Illegal Tips to Local Cops, Report Says by Aaron Keller The Intercept: Welcome to Law Enforcement’s “Dark Side”: Secret Evidence, Illegal Searches, and Dubious Traffic Stops by Trevor Aaronson: Federal agents … Continue reading

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