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

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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

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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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