Daily Archives: September 7, 2018

NYTimes & WaPo: Inappropriate use of Tasers in today’s papers

NYTimes: Video Shows Cincinnati Officer Confronting 11-Year-Old After Using Taser on Her by Mihir Saveri WaPo: A sleeping student wouldn’t wake up in class. So an officer pulled out her Taser. by Cleve R. Wootson Jr.

Posted in Excessive force | Comments Off on NYTimes & WaPo: Inappropriate use of Tasers in today’s papers

CO: Def doesn’t get a jury instruction in a DUI case that the officer could have sought a SW for blood

In a DUI case, defendant was not entitled to a jury instruction that the officer could have sought a search warrant for a blood draw. That’s not a jury question. People v. Gwinn, 2018 COA 130, 2018 Colo. App. LEXIS … Continue reading

Posted in Body searches, Staleness | Comments Off on CO: Def doesn’t get a jury instruction in a DUI case that the officer could have sought a SW for blood

CA10: Search of car was inevitable by later inventory (completely overlooking automobile exception)

Defendant was stopped after robbing a Dollar General store of cigarettes. When confronted in the parking lot, he pulled a gun on the employees. Albuquerque PD found the car, surrounded it, and got him out. The car was searched and … Continue reading

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CA4: Collective knowledge doctrine doesn’t require reporting back to the source

The CI’s information viewed under the totality provided reasonable suspicion for the stop of defendant. [Defendant’s approach was divide and conquer the facts.] The collective knowledge doctrine does not require the stopping and arresting officer keep the officer providing the … Continue reading

Posted in Collective knowledge, Qualified immunity | Comments Off on CA4: Collective knowledge doctrine doesn’t require reporting back to the source

CA9: Search of backpack was inevitable either as SITA or booking

Defendant was booked on two misdemeanors, and his backpack was searched. If his backpack wasn’t subject to a search incident, it was subject to inevitable discovery for a search at booking. Also, for what it’s worth, defendant twice attempted to … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Inevitable discovery | Comments Off on CA9: Search of backpack was inevitable either as SITA or booking

FL4: Use of cell site simulator requires SW

Warrantless use of a cell site simulator to capture cell phone calls violates the Fourth Amendment. That information was used to get a search warrant for CSLI. State v. Sylvestre, 2018 Fla. App. LEXIS 12671 (Fla. 4th DCA Sep. 6, … Continue reading

Posted in Cell site location information, Stingray / Hailstorm | Comments Off on FL4: Use of cell site simulator requires SW

CA11: Hot pursuit of a misdemeanant into a dwelling is permitted by the 4A

Hot pursuit of a misdemeanant into a dwelling is permitted by the Fourth Amendment, and observation of drugs was valid. United States v. Concepcion, 2018 U.S. App. LEXIS 25001 (11th Cir. Sep. 4, 2018). Defendant’s claim that his confession was … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Hot pursuit | Comments Off on CA11: Hot pursuit of a misdemeanant into a dwelling is permitted by the 4A

NC: Car parked on street was not on the curtilage

A car parked on the street next to a house was not on the curtilage as a matter of law. Based on undisputed facts in the record, however, the officer had probable cause to search the car on the street. … Continue reading

Posted in Automobile exception, Curtilage, Ineffective assistance | Comments Off on NC: Car parked on street was not on the curtilage