Daily Archives: February 12, 2018

California Lawyer: Drone Searches: A New Frontier for the Fourth Amendment

California Lawyer: Drone Searches: A New Frontier for the Fourth Amendment By Kevin Moon and Brandon Franklin: The use of drones spurs reassessment of time-honored privacy concerns.

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NYTimes: Facial Recognition Is Accurate, if You’re a White Guy

NYTimes: Facial Recognition Is Accurate, if You’re a White Guy by Steve Lohr: When the person in the photo is a white man, the software is right 99 percent of the time. But the darker the skin, the more errors … Continue reading

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MA: Two men walking together are stopped because of RS as to one; frisk of second was reasonable for officer safety

The officer here stopped Perez and Ramirez when he reasonably suspected Perez of carrying a firearm. The situation was tense, and, on the totality, the court finds the frisk of Ramirez, too, was reasonable for officer and public safety. Commonwealth … Continue reading

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OH8: Affidavit for SW showed PC for weapons only; search for drugs exceeded SW’s limits

The affidavit only showed probable cause to search for weapons, not drugs, and there was no probable cause for drugs in the affidavit. As to drugs, the search warrant is suppressed. Defendant also raised the argument that the officer sought … Continue reading

Posted in Overseizure, Warrant execution | Comments Off

E.D.N.C.: State law limits on parole and probation’s search authority applies in federal court; it defines the REP

Defendant was subject to a state parole search condition that required reasonable suspicion and is also governed by Griffin’s special needs exception. “the language in a parole search condition is an important factor to consider when assessing the reasonableness of … Continue reading

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ME: Nondeadly force can’t be used on a LEO arresting def in def’s own home

“This means that pursuant to section 108(1-A), French was not entitled to use nondeadly force against Ferland—who was trying to arrest her—for the purpose of defending her premises, regardless of the lawfulness of Ferland’s entry into the residence or his … Continue reading

Posted in Arrest or entry on arrest | Comments Off

TN: Judge who issued SW can also try the case

It doesn’t violate any law or constitutional provision for a state trial court judge to issue a search warrant and then preside over the trial of the case. McKinley v. State, 2018 Tenn. Crim. App. LEXIS 91 (Feb. 9, 2018). … Continue reading

Posted in Due process, Suppression hearings | Comments Off

NE: Even if OnStar produced information the same day before the SW actually issued, inevitable discovery applies

Defendant claimed that the police obtained his OnStar information just before the search warrant for it issued. While that’s not conceded, it doesn’t matter because the search warrant was issued and the information retrieved the same day. Inevitable discovery applies, … Continue reading

Posted in Cell site location information, Inevitable discovery | Comments Off