Monthly Archives: April 2018

E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery

Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading

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CA8: Parked RV was “vehicle on the premises” even though connected to water and electricity

A parked RV qualified as a “vehicle on the premises” even though it would have taken 30 minutes to make it ready to move. It had a satellite dish on the roof and it was connected to water and electricity. … Continue reading

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AR: State’s failure to get ruling on GFE below bars that argument on appeal; statute on BAC penalties violates Birchfield

Arkansas’s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court’s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state’s failure to get a … Continue reading

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CA5: Search of wrong house by inadequate investigation means no QI

It was clearly established that search of the wrong house because of inadequate investigation violated the Fourth Amendment. Gerhart v. Barnes, 2018 U.S. App. LEXIS 10626 (5th Cir. Apr. 26, 2018), prior opinion Gerhart v. McLendon, 2017 U.S. App. LEXIS … Continue reading

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Two on protective sweep

On plain error review, the protective sweep was reasonable. The officers had information that a suggested second person could have been in the house, and he or she hadn’t been found or found not to exist. United States v. Ford, … Continue reading

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E.D.Mich.: Affidavit for SW failed to show nexus, but GFE was enough to save it

“The bare assertion that defendant departed his home prior to engaging in a drug transaction does not ‘directly connect the residence with the suspected drug dealing activity.’ Id.” Peffer, 880 F.3d at 272-73 (quoting Brown, 828 F.3d at 383-84). The … Continue reading

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techdirt: Appeals Court: Driving Attentively While Black Isn’t Probable Cause For A Traffic Stop

techdirt: Appeals Court: Driving Attentively While Black Isn’t Probable Cause For A Traffic Stop by Tim Cushing:

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Reason.com: The Golden State Killer and Your Genetic Privacy

Reason.com: The Golden State Killer and Your Genetic Privacy by Ronald Bailey “Any right of privacy in commercial DNA testers?” This was inevitable.

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Vice: ICE Agents Should Know the Law, but They’re Fine with Warrantless Raids

Vice: ICE Agents Should Know the Law, but They’re Fine with Warrantless Raids by Eoin Higgins: A leaked training manual says officers should be familiar with Fourth Amendment procedures. So what explains their aggressive actions on a New York farm?

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The Verge: A pioneer in predictive policing is starting a troubling new project

The Verge: A pioneer in predictive policing is starting a troubling new project By Ali Winston and Ingrid Burrington:

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NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails

NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails by Jan Ransom:

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NJ: Video of stop showed voluntariness of consent; fact officer mentioned getting a warrant was justified on facts

The video of the stop showed the consent was valid. At first it was denied, then it was granted. The officer’s mention of a search warrant was justified because of the smell of marijuana, and that did not make the … Continue reading

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