Monthly Archives: June 2018

SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived

This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state … Continue reading

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NM: State’s DNA collection act const’l under King; def has no interest in whether his DNA might end up tested against a cold case was lawfully collected

The state has an interest in collecting DNA from arrestees, and King is followed. Defendant doesn’t make any credible argument why the state constitution should be applied except that he shouldn’t have his DNA compared to that on file from … Continue reading

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DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back

There was probable cause and nexus to search defendant’s house because he left the house on a bicycle to conduct a drug delivery and returned. Spencer v. State, 2018 Del. LEXIS 296 (June 26, 2018). There was probable cause to … Continue reading

Posted in Nexus, Probable cause, Reasonable suspicion | Comments Off on DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back

Franks doctrine 40 years old this week

The Franks doctrine, Franks v. Delaware, 438 U.S. 154 (1978), turned 40 on Tuesday. I missed it.

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WaPo: Facial recognition technology is finally more accurate in identifying people of color. Could that be used against immigrants?

WaPo: Facial recognition technology is finally more accurate in identifying people of color. Could that be used against immigrants? by Drew Harwell:

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WaPo: The Watch’ Blog: The ongoing problem of conveniently malfunctioning police cameras

WaPo: The Watch’ Blog: The ongoing problem of conveniently malfunctioning police cameras by Radley Balko: When cops aren’t punished for not using or misusing their body and dash cameras, the cameras are worse than useless.

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CA6: Removing records from a storage unit as police search your house was an obstruction of justice

Federal agents showed up at defendant’s house with a search warrant for records. They asked if he had other records elsewhere. He lied and said no. He left the house, went to a hardware store to buy boltcutters, and he … Continue reading

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GA: No REP in data in car’s airbag control module

Defendant did not have a reasonable expectation of privacy in the data from his vehicle’s airbag control module, because, while an outside observer cannot ascertain the information regarding the use and function of a vehicle with the same precision, a … Continue reading

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GA: Def’s cell phone was seized and downloaded w/o a warrant, but the download wasn’t searched until a SW was obtained; search valid under independent source

Defendant’s cell phone was seized and downloaded, but the download wasn’t searched without a search warrant. The court doesn’t even have to decide whether exigent circumstances permitted the download because the police had seized it lawfully and they have plenty … Continue reading

Posted in Cell phones, Independent source | Comments Off on GA: Def’s cell phone was seized and downloaded w/o a warrant, but the download wasn’t searched until a SW was obtained; search valid under independent source

IN: A reasonable person in def’s position would not have felt detained and could have asked for his partially blocked car to be let out

The officer was inquiring of suspicious persons but did not yet have reasonable suspicion. Defendant’s car was partially blocked in, and the inquiries weren’t directed at him. A reasonable person in his position would have felt he could have asked … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on IN: A reasonable person in def’s position would not have felt detained and could have asked for his partially blocked car to be let out

E.D.Pa.: Warrantless admin seizure of taxicabs for lack of proper permit violates 4A and due process

Warrantless administrative seizure of taxicabs without a proper PPA TLD sticker violates the Fourth Amendment and due process for denial of a predeprivation hearing. Rosemont Taxicab Co. v. Phila. Parking Auth., 2018 U.S. Dist. LEXIS 106322 (E.D. Pa. June 26, … Continue reading

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W.D.Mo.: Unaccounted for gun and likely presence of another inside was exigency for entry to look for it

Defendant was arrested outside his house, and a firearm expected to be on him was not found during his search incident. There was expected to be another person in the house, and that, coupled with the unaccounted for gun, was … Continue reading

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OH7: State can’t raise alternative argument on appeal not presented to trial court

Defendant’s traffic stop was unreasonable because there was no objective, let alone good faith, basis for the stop. There were conflicting traffic signs at the intersection, but they didn’t apply to appellant in his lane. Also, the state could not … Continue reading

Posted in Probable cause, Standards of review | Comments Off on OH7: State can’t raise alternative argument on appeal not presented to trial court

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy by Louise Matsakis:

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Slate: What’s Next for the Reasonable Expectation of Privacy?

Slate: What’s Next for the Reasonable Expectation of Privacy? by Mike Godwin: The Supreme Court’s ruling in Carpenter raises new questions.

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The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment?

The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment? by TCR Staff:

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Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.

Important article: Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not. by Aziz Huq: Carpenter forces police to get a warrant before getting some cellphone data. But other Fourth Amendment cases … Continue reading

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N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up

“Considering these factors and the totality of the circumstances, the Court concludes that Defendant’s consent to search his residence was voluntary. Defendant is a mature adult who served in the Marines and is familiar with law enforcement procedures. While Defendant … Continue reading

Posted in Consent | Comments Off on N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up

CA2: Nonmaterial error of fact in Title III application and SW for house didn’t merit Franks hearing

Nonmaterial error in inclusion of an erroneous fact in a wiretap application and search request for house didn’t require a Franks hearing. United States v. Osborne, 2018 U.S. App. LEXIS 17142 (2d Cir. June 25, 2018).* Defendant’s post-conviction claim defense … Continue reading

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FL5: Error to deny without a hearing a facially sufficient motion for return of property

Defendant’s motion for return of property was facially sufficient for a hearing, and the circuit court erred in denying it without a hearing. Peterson v. State, 2018 Fla. App. LEXIS 8861 (Fla. 5th DCA June 22, 2018). Defense counsel wasn’t … Continue reading

Posted in Ineffective assistance, Rule 41(g) / Return of property | Comments Off on FL5: Error to deny without a hearing a facially sufficient motion for return of property