Monthly Archives: April 2018

E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

Defendant was arrested at his house, and his wife later consented to entry to seize a gun. The officers’ threat to get a search warrant if she didn’t consent was genuine and there was probable cause to get a search … Continue reading

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CA11: There is no adverse inference as a matter of law from failure to maintain audio of stop

Because the exclusionary rule is a “last resort,” on plain error review, defendant cannot claim error for the failure of the district court to determine that his version of the facts is more credible than the governments. There is no … Continue reading

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Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules

United States v. Spencer, 2018 U.S. Dist. LEXIS 70649 (N.D. Cal. Apr. 26, 2018) Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules by Orin Kerr: The right … Continue reading

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Fortune: Police Body Cameras Could Get Facial Recognition Technology

Fortune: Police Body Cameras Could Get Facial Recognition Technology by Lisa Marie Segarra:

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AP: Earlier search for Golden State Killer led to wrong man

AP: Earlier search for Golden State Killer led to wrong man by Michael Balsamo and Jonathan J. Cooper with Frank Stoltze:

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D.Md.: After 4A claim affirmed on appeal, 2255 isn’t available to litigate the merits

No, the defendant doesn’t get to continue litigating his Fourth Amendment claim into infinity by going to 2255 after loosing the appeal. White v. United States, 2018 U.S. Dist. LEXIS 70628 (D. Md. Apr. 26, 2018):

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IN: Def slumped over steering wheel in hospital parking lot justified look in car based on emergency aid exception

A deputy sheriff was doing off-duty security work at a hospital same day surgery parking lot when he saw the defendant slumped over his steering wheel, the door open, and the engine off. When the officer turned on his take … Continue reading

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AL: There is no REP in a LPN on a vehicle

There is no reasonable expectation of privacy in a license plate, and the Fourth Amendment doesn’t prohibit running the tags for any reason. State v. Abrams, 2018 Ala. Crim. App. LEXIS 24 (Apr. 27, 2018). The government obtained internet routing … Continue reading

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NY4: Def’s actions supported PC for a body SW

Officers executing a search warrant saw defendant acting like he had something hidden in the back of his pants. Defendant’s squirming and clenching his butt strongly suggested to the officer that he had drugs hidden in his rectum. The search … Continue reading

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PA: “Reason to believe” in Payton and Steagald means probable cause

“Reason to believe” in Payton and Steagald means probable cause. It cannot constitutionally be less and be faithful to the protection of the home from unreasonable invasions. This case includes a thorough discussion of both cases and their constitutional requirements. … Continue reading

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W.D.Va.: Use of a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for CP doesn’t violate 4A

The government used a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for child pornography. Use of § 1509 didn’t violate the Fourth Amendment, and there’s no exclusionary rule for violation anyway. Defendant’s claim that the … Continue reading

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E.D.Mich.: No PC for nexus to def’s house, and no GFE

The affidavit failed to show probable cause for nexus to defendant’s house. It was so devoid of probable cause that the good faith exception does not apply. United States v. Myles, 2018 U.S. Dist. LEXIS 69373 (E.D. Mich. Apr. 25, … Continue reading

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