Monthly Archives: May 2018

LA5: Parole officers were stalking horses for police acting without RS

Defendant’s parole search was without reasonable suspicion. In addition, the parole officers were acting at the request of law enforcement officers acting on an unsubstantiated tip, and that’s unreasonable in this state. State v. Clay, 2018 La. App. LEXIS 1004 … Continue reading

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WA: Where ptf didn’t know he was being pursued, act of force to knock him from motorcycle doesn’t get qualified immunity

Where plaintiff showed he didn’t know he was being pursued by police while on his motorcycle, the officer’s act of opening his car door to knock him off his bike was a question for the jury, and the officer gets … Continue reading

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D.Minn.: No right to being stopped at earliest time

There was reasonable suspicion for defendant’s stop, and it isn’t material that the officer chose to wait a few minutes before making the stop. United States v. Taariq, 2018 U.S. Dist. LEXIS 85630 (D. Minn. May 22, 2018). Plaintiff inmate’s … Continue reading

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NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You.

NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You. by Richard A. Oppel Jr.: Most people assume that a conversation with their lawyer will remain confidential. But if the conversation takes place … Continue reading

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OR: Def adequately pled 4A and argued substance to preserve issue for appeal

Defendant preserved her Fourth Amendment claim by citing it in the motion and by arguing at the hearing the stop was impermissibly extended. “Although the question is close, we agree with defendant that her Fourth Amendment argument is adequately preserved … Continue reading

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W.D.Wash.: Motel 6’s own policy of giving ICE & DHS its customer names doesn’t bring it within Patel

Motel 6 in Washington state was providing guest registry information to ICE and DHS, and the state sued them in state court. It was removed to federal court. The case is remanded. Because Motel 6 was providing it voluntarily, Patel … Continue reading

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KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana

KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana by David Taube:

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Wired: A Location-Sharing Disaster Shows How Exposed You Really Are

Wired: A Location-Sharing Disaster Shows How Exposed You Really Are by Brian Barrett:

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W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation

Reasonable suspicion for jaywalking didn’t permit questioning about drugs just because defendant was in a high crime area. The use of defendant’s key fob in his pocket violated the Fourth Amendment, following United States v. Craddock, 841 F.3d 756, 760 … Continue reading

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S.D.N.Y.: Defense counsel’s affidavit of an alleged Franks violation was speculative

Defense counsel’s conclusion that a video at issue was the same one on a cell phone is speculative at best. “The Court concludes that the detective’s statement that the phone in the surveillance footage appears to be the same as … Continue reading

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W.D.Okla.: Facebook warrant for all content not overbroad; didn’t have to limit to communications and messages

The search warrant for defendant’s Facebook was not overbroad, and it didn’t have to be limited to communications and messages. It could be for the entirety of the account for the relevant period. United States v. Varnell, 2018 U.S. Dist. … Continue reading

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TN: Entry onto curtilage for trash pull violated 4A

Officers violated the curtilage by entering defendant’s property to do a trash pull. Removing that information from the affidavit for the search warrant leaves it without probable cause. The CI information that started the investigation alone isn’t enough to show … Continue reading

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