Daily Archives: May 16, 2018

arstechnica: Forget scanning license plates; cops will soon ID you via your roof rack

arstechnica: Forget scanning license plates; cops will soon ID you via your roof rack by Cyrus Farivar” ELSAG LPR upgrade can ID “spare tire, bumper sticker, or a ride-sharing company decal.”

Posted in Surveillance technology | Comments Off on arstechnica: Forget scanning license plates; cops will soon ID you via your roof rack

IL: Direct appeal record isn’t adequate to determine IAC claim on failure to litigate consent search

The record doesn’t show the reason for waiving a Fourth Amendment claim against a consent search and whether a motion to suppress would have been granted if litigated. A collateral proceeding is the place to do it. People v. Williamson, … Continue reading

Posted in Burden of proof, Ineffective assistance, Qualified immunity | Comments Off on IL: Direct appeal record isn’t adequate to determine IAC claim on failure to litigate consent search

D.D.C.: Content of affidavit for SW suggests start of investigation predated Special Counsel’s appointment

The fact a 22-page affidavit for search warrant was signed before a USMJ ten days after the Special Counsel was appointed suggests that the investigation was going on long before that. The investigation is within the Special Counsel’s purview. United … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off on D.D.C.: Content of affidavit for SW suggests start of investigation predated Special Counsel’s appointment

WV: Def can’t show abuse of discretion for trial court to not consider oral motion to suppress instead of a written one

Defendant can’t show an abuse of discretion from the trial judge’s declining to consider an oral motion to suppress. The rule says it’s in the discretion of the trial court. State v. Gaiser, 2018 W. Va. LEXIS 370 (May 14, … Continue reading

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M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply

The affidavit for the search warrant here failed to show nexus to defendant’s house under Sixth Circuit precedent. It was sufficient, however, for the good faith exception to apply because the affidavit was not so lacking in information that reliance … Continue reading

Posted in Good faith exception, Nexus, Reasonable suspicion | Comments Off on M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply