Daily Archives: July 5, 2018

NYT: How Smart TVs in Millions of U.S. Homes Track More Than What’s on Tonight

NYT: How Smart TVs in Millions of U.S. Homes Track More Than What’s on Tonight by Sapna Maheshwari:

Posted in Surveillance technology | Comments Off on NYT: How Smart TVs in Millions of U.S. Homes Track More Than What’s on Tonight

E.D.Mich.: By following def and causing him to slow down, the officer created the alleged violation of driving under the minimum speed; stop unreasonable

The DEA asked the Michigan State Police to stop defendant. A trooper followed him and he was driving the speed limit and violating no laws. The officer pulled up next to him to get a look, then slowed to pull … Continue reading

Posted in Reasonableness | Comments Off on E.D.Mich.: By following def and causing him to slow down, the officer created the alleged violation of driving under the minimum speed; stop unreasonable

D.Conn.: Knock-and-announce was complied with, but def also well knew they were there and what for

First, knock and announce was complied with. The officers testified credibly they announced repeatedly as they approached. Second, even if they didn’t, exigency or futility would be an exception–futile because defendant was well aware of their presence. There was also … Continue reading

Posted in Knock and announce | Comments Off on D.Conn.: Knock-and-announce was complied with, but def also well knew they were there and what for

D.Ariz.: Def on a shuttle bus stopped at I-19 immigration checkpoint consented to search

Defendant was on a shuttle bus referred for secondary inspection at the I-19 immigration checkpoint in Arizona. About 50 come through there a day, and all are stopped and the occupants ordered off. Defendant slipped away and wouldn’t make eye … Continue reading

Posted in Immigration checkpoints | Comments Off on D.Ariz.: Def on a shuttle bus stopped at I-19 immigration checkpoint consented to search

CA10: A KS child welfare pick-up order was valid on its face in CO and didn’t need to be registered to satisfy 4A

A Kansas court issued a pick-up order for ten children from one family for various allegations. At the time the family was found, they were in Colorado, and the order was executed there. There was no statutory or constitutional duty … Continue reading

Posted in § 1983 / Bivens, Reasonableness | Comments Off on CA10: A KS child welfare pick-up order was valid on its face in CO and didn’t need to be registered to satisfy 4A

OH9: ER’s blood draw for medical diagnosis didn’t require compliance with statute on DWI blood draws

Defendant was in a fatal accident and taken to the ER. The state trooper there tried to get him to consent to a blood test, and he declined. While the officer went to get a search warrant for this blood, … Continue reading

Posted in Drug or alcohol testing, GPS / Tracking Data | Comments Off on OH9: ER’s blood draw for medical diagnosis didn’t require compliance with statute on DWI blood draws

WI: Drinking and driving until unconsciousness obviates def’s chance to withdraw implied consent

“We conclude that Mitchell voluntarily consented to a blood draw by his conduct of driving on Wisconsin’s roads and drinking to a point evidencing probable cause of intoxication. Further, through drinking to the point of unconsciousness, Mitchell forfeited all opportunity, … Continue reading

Posted in Consent, Drug or alcohol testing | Comments Off on WI: Drinking and driving until unconsciousness obviates def’s chance to withdraw implied consent