Daily Archives: September 17, 2018

techdirt: FBI Facial Recognition Expert Helps Denver PD Arrest Wrong Man Twice For The Same Crime

techdirt: FBI Facial Recognition Expert Helps Denver PD Arrest Wrong Man Twice For The Same Crime by Tim Cushing

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techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off.

techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off. by Tim Cushing:

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AZ: The drug courier profile has its place in supporting RS, but it doesn’t have any place at trial

Drug courier profile evidence has its place (“Drug-courier profile evidence suggests that a defendant possesses one or more behavioral characteristics typically displayed by persons trafficking in illegal drugs. See State v. Haskie, 242 Ariz. 582, 585 ¶ 14, 399 P.3d … Continue reading

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FL1: Possessor of USB drives who acquired them trading for drugs had apparent authority to consent

Defendant’s vehicle had been burglarized and USB drives were also stolen. The police report omitted them. Later, another guy acquired the USB drives when he was buying drugs. When he was busted, he turned them over to the police telling … Continue reading

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CA10: You can’t tell the court it needs to apply the independent source case law a certain way and then complain on appeal that it did what you asked

This case started with hotel housekeeping coming in to clean a room and seeing obvious drug paraphernalia. The police were called, and they were shown. A search warrant was prepared showing probable cause to connect defendants to the room by … Continue reading

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S.D.N.Y.: “Particularity is not to be confused with breadth — they are ‘related but distinct concepts.’”

A broad Facebook warrant for electronically stored information was not unconstitutionally overbroad. “Particularity is not to be confused with breadth — they are ‘related but distinct concepts.’” A Facebook warrant can be issued in New York and served on Facebook’s … Continue reading

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D.Idaho: RS for continuing a traffic stop can be based on a violation of probation conditions

Reasonable suspicion for continuing a traffic stop can be based on a violation of probation conditions, as was this one. United States v. Durr, 2018 U.S. Dist. LEXIS 157472 (D. Idaho Sep 15, 2018). Petition for writ of error coram … Continue reading

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OH5: Stop became unreasonable where officer extended stop 13 minutes and never started on ticket for failure to signal

The trial court suppressed because the stop was overly extended. Defendant was stopped for alleged failure to signal, and it dragged on for 13 minutes without the officer ever starting on writing a ticket. Conceding the stop was likely valid, … Continue reading

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NE: Reliance on pre-Birchfield law meant GFE applied

The officer’s objective reliance on pre-Birchfield law meant the good faith exception applied. State v. Nielsen, 301 Neb. 88, 2018 Neb. LEXIS 158 (Sep 15, 2018). Pre-Carpenter CSLI by SCA order without probable cause was the law prior to Carpenter, … Continue reading

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D.N.M.: Def parked car near his house but left it in gear with the key in the ignition; it was not abandoned

Defendant did not abandon his car. He parked it at his house and went inside. His dog was still inside. The entry into his car was reasonable under the community caretaking function because it was left in gear, and a … Continue reading

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NE: Shots fired at car led to officers seeing likely kicked in door and blood on doormat and that was exigency

Officers responded to a call about shots fired hitting a car, and, at defendant’s apartment building, defendant and his cohort fled when the police approached. Possible blood was found on his doormat, and the door had a boot mark that … Continue reading

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MA: Violation of a state regulation leading to identifying def juvenile doesn’t warrant suppression

Alleged violation of a state regulation that led to defendant juvenile’s identity didn’t warrant suppression. Suppression would require the statute align with a constitutional requirement. Moreover, there was no police misconduct; indeed, the police did good work here in locating … Continue reading

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