Daily Archives: May 1, 2018

WaPo: Va. Supreme Court revives challenge to police storage of license plate reader data

WaPo: Va. Supreme Court revives challenge to police storage of license plate reader data by Tom Jackman:

Posted in Reasonable expectation of privacy | Comments Off on WaPo: Va. Supreme Court revives challenge to police storage of license plate reader data

D.Colo.: Additional DNA sample and fingerprints despite the fact the govt already has it

The court can order an additional DNA sample and fingerprints despite the fact the government already has it. United States v. Lovato, 2018 U.S. Dist. LEXIS 71592 (D. Colo. Apr. 30, 2018). Collateral estoppel doesn’t apply to a suppression order … Continue reading

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MO: Def’s overly nervous behavior, feigning sleep, hiding something, and admission he had a weapon was certainly RS

“The evidence supported a reasonable and particularized suspicion that Defendant was armed, based upon the following behavior exhibited by Defendant: (1) feigning to be asleep; (2) numerous false statements to police; (3) overly nervous demeanor and sweating; (4) flight-like behavior; … Continue reading

Posted in Reasonable suspicion | Comments Off on MO: Def’s overly nervous behavior, feigning sleep, hiding something, and admission he had a weapon was certainly RS

PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

The trial court’s findings of fact and conclusions of law were completely wrong. Defendant had no reasonable expectation of privacy concerning his jail calls made over a television monitor and through a computer system. This was a case of consent … Continue reading

Posted in Curtilage, Emergency / exigency, Plain view, feel, smell, Prison and jail searches | Comments Off on PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge

“The seizure of a patient’s blood sample pursuant to a search warrant addressed to a hospital does not violate the statutory physician-patient privilege because a blood sample collected by the hospital as part of medical treatment does not constitute ‘information’ … Continue reading

Posted in Apparent authority, Drug or alcohol testing, Privileges | Comments Off on MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge