Daily Archives: August 22, 2018

Crime Report: Militarized Policing Harms Police Reputation: Study

Crime Report: Militarized Policing Harms Police Reputation: Study by Megan Hadley: The use of Special Weapons and Tactics (SWAT) teams and other forms of ‘militarized policing’ doesn’t deter violent crime or provide the safety benefits (either to the public or … Continue reading

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CA11: Use of a “sniffer” to locate CP on a computer not mentioned in the SW not unreasonable search

Use of a sniffer device to search defendant’s computers at Emory University was not unreasonable just because the search warrant didn’t mention using it. United States v. Sullivan, 2018 U.S. App. LEXIS 23315 (11th Cir. Aug. 21, 2018).* Defendant was … Continue reading

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CA2: 2011 CSLI seizure by SCA order valid under GFE

Defendant was convicted of international parental kidnapping. CSLI was obtained in 2011 by an order under the SCA without probable cause. The good faith exception applies. United States v. Zodhiates, 2018 U.S. App. LEXIS 23278 (2d Cir. Aug. 21, 2018):

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VT reaffirms state const’l REP in posted open fields

Vermont’s state constitution grants a reasonable expectation of privacy to open fields posted with no trespassing signs. A game warden (vested by state law with all law enforcement powers) violated defendant’s reasonable expectation of privacy by entering upon his posted … Continue reading

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OH6: Traffic stop led to finding outstanding warrants and led to valid search of car, without even trying to tell us how

Defendant was lawfully stopped for a lane violation. Running his DL led to finding outstanding warrants. “Having ascertained appellant’s identity and outstanding felony warrants, a lawful search led to the discovery of appellant’s unlawful drugs and firearm.” [What was the … Continue reading

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KY: SW not invalid because the color of door was wrong; finding gun during search for drugs not unreasonable

“Appellant specifically argues that the warrant was defective because it incorrectly described the front door to his residence as black when, in fact, the door was brown. Appellant’s first name was also misspelled in the warrant. However, neither of these … Continue reading

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CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

When the officer arrived at plaintiff’s address with a search warrant for apartment 1, he instead found apartments 1A and 1B. The officers attempted to clear up the ambiguity before the search, and they searched 1A finding nothing, and the … Continue reading

Posted in § 1983 / Bivens, Particularity, Qualified immunity, Warrant execution | Comments Off on CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

N.D.W.Va.: A motion to suppress isn’t moot just because the govt says it won’t use the evidence in its case-in-chief; if it will to impeach, then the issue has to be resolved

Government’s agreeing it wouldn’t use the product of a search in its case in chief does not make it moot unless the government also says it won’t use it in impeachment. Then, it can only be used against the defendant … Continue reading

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N.D.Cal.: The fact California has legalized recreational marijuana does not make the smell of marijuana in a car no longer PC

The fact California has legalized recreational marijuana for small amounts does not make the smell of marijuana no longer probable cause. Here, there was a strong odor and defendant admitting he was carrying. An ounce or more would be an … Continue reading

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W.D.Ark.: Sexually explicit Facebook chats from home IP address is PC for the home

Defense counsel couldn’t be ineffective for not challenging the search of defendant’s apartment because there was probable cause. Sexually explicit Facebook chats with a minor from one’s home IP address is probable cause for the home. United States v. Ram, … Continue reading

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