Daily Archives: October 5, 2018

CA10: Deception def was victim of ID theft didn’t make encounter less consensual; officers really wanted to talk about CP

Officer’s deception defendant was the victim of online identify theft did not make his consensual encounter with the officers involuntary. Then they told him it was about child pornography. United States v. Dates, 2018 U.S. App. LEXIS 27983 (10th Cir. … Continue reading

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NYTimes: Police Use Fitbit Data to Charge 90-Year-Old Man in Stepdaughter’s Killing

NYTimes: Police Use Fitbit Data to Charge 90-Year-Old Man in Stepdaughter’s Killing by Christine Hauser:

Posted in Surveillance technology | Comments Off on NYTimes: Police Use Fitbit Data to Charge 90-Year-Old Man in Stepdaughter’s Killing

CA5: Search incident of open envelope on person of arrestee for bank robbery was valid; it had the note

Defendant was arrested for bank robbery, and an open envelope on his person containing the bank robbery note was subject to search incident even though it was removed from him and not searched for maybe five minutes after the arrest. … Continue reading

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FL1: Collective knowledge applies to affidavit for SW in CP case

The affiant on a child pornography search warrant doesn’t have to personally view the material. He can relate what another officer said who did see it under the collective knowledge doctrine. Mardosas v. State, 2018 Fla. App. LEXIS 14012 (Fla. … Continue reading

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