Monthly Archives: March 2018

Trial the rest of week, so postings likely late

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MN: Officer’s entry on def’s property to look at serial number of an allegedly stolen camper violated curtilage; entry suppressed

Defendant was a suspect in having a stolen pop-up camper on his property. The victim saw it and called the police. The police entered to look at the serial number on the camper, but it was curtilage under Dunn. The … Continue reading

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Treatise 25% off through Friday midnight PT

Treatise 25% off through Friday midnight PT.

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D.Utah: Shooting of def in court attempting to stab witness on stand with a pen was reasonable use of force

The CSO shooting plaintiff’s decedent in the courtroom was reasonable under all the circumstances as a matter of law, shooting him four times in quick succession after he came over the rail around the witness box. Decedent grabbed defense counsel’s … Continue reading

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NJ: Def was interrogated in DA’s office; inventory of her purse after lawyering up was unreasonable

Defendant was detained and being interviewed at the local DA’s office. She’d rummaged in her purse without restriction, and it was open on the table. She looked at her cell phone for the time and commented that she had to … Continue reading

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CA9: Officer putting gun to head of handcuffed compliant suspect and threatening to kill him was excessive force, but QI applied

“Examining the facts in the light most favorable to plaintiff, the non-moving party on summary judgment, the panel assumed that the police officer did indeed point his gun at plaintiff’s head and threatened to kill him. The panel held that … Continue reading

Posted in Due process, Excessive force, Qualified immunity | Comments Off

MO: No REP in a dilapidated broken down trailer on rural property without any secure walls, roof, or floor

Defendant worked for a tree service that had a rural place where they burned tree debris. There was a broken down trailer on the property that had missing walls, partially missing roof and a rotting floor where defendant changed clothes. … Continue reading

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N.D.Ill.: Accidentally transmitted private conversation wasn’t a search

Plaintiff had a conversation near a malfunctioning Motorola handheld radio that transmitted their conversation to the Illinois State Police that was recorded in due course, and then the conversation was passed on resulting in job discipline. The recipients did not … Continue reading

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NYTimes: Customer Faces Get Scanned at Madison Square Garden

NYTimes: Customer Faces Get Scanned at Madison Square Garden by Kevin Draper:

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CA5: TX sanctuary cities law is not enjoined pending trial; law not shown unconstitutional in all its applications

Texas’s sanctuary cities law (SB4) is not enjoined pending trial. Plaintiffs do not show that the law is unconstitutional in all its applications. City of El Cenizo, Texas v. State of Texas, 17-50762 (5th Cir. Mar. 13, 2018):

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MA: CSLI warrant based on unsupported hearsay suppressed

The 2008 CSLI warrant here was based on a “conclusory statement” of witness statements being credible and “bereft of the factual details required to establish probable cause.” It had to be suppressed. (Based on Fourth Amendment and state constitution.) Commonwealth … Continue reading

Posted in Cell site location information, Informant hearsay | Comments Off

MA: Alternative inference to facts not drawn by hearing judge doesn’t permit reversal

An alternative interpretation of a witness’s testimony at a suppression hearing not drawn by the judge hearing the motion doesn’t permit reversal. Commonwealth v. Gonzalez, 2018 Mass. App. LEXIS 28 (Mar. 12, 2018).* Plaintiff’s complaint against a judge for an … Continue reading

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