Monthly Archives: December 2018

CA11: Drug testing of substitute teacher applicants was reasonable

Drug testing of substitute teacher applicants was reasonable. School employment is different and protection of the environment of children is paramount. Friedenberg v. School Board of Palm Beach County, 2018 U.S. App. LEXIS 35905 (11th Cir. Dec. 20, 2018):

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Fox News: Chinese schools enforce ‘smart uniforms’ with GPS tracking to surveil students

Life without a Fourth Amendment: Fox News: Chinese schools enforce ‘smart uniforms’ with GPS tracking to surveil students by Christopher Carbone: Ten schools in China have new “intelligent uniforms” that will track students’ whereabouts with embedded computer chips.

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D.Nev.: CI’s alleged (and unsupported) false statement isn’t a Franks violation; has to be the affiant’s

Defendant claims a Franks violation because the CI is believed to be Rudnick, and Rudnick has credibility problems. Defendant doesn’t allege what is false to even get a hearing. Besides, Rudnick is the CI and not the affiant. Denied. United … Continue reading

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D.Minn.: Border search of love letter in car led to more inquiries and then finding CP

A secondary search at the border can still be “routine” depending on its intensity. In this district, “routine” deals with searches of the person. Here, it was a search of a letter in the car that was a basically love … Continue reading

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OH5: Separate federal SW against def didn’t warrant new trial; all too speculative

As defendant’s prosecution in this state case was proceeding to trial, a federal search warrant was also issued in a spinoff investigation. After conviction, a motion for new trial was filed based on alleged newly discovered evidence from the federal … Continue reading

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D.S.C.: CI not sufficiently corroborated for PC for a vehicle search

Defendant was stopped for an alleged window tint violation, but the officer also relied on information from a CI from days before the stop that he thought was probable cause. The government had a dog sniff during the stop, but … Continue reading

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W.D.Ky.: No showing of ownership for standing; wiretap talking about being able to give clear title wasn’t sufficient

Defendant has no standing in another person’s vehicle. He provided no affidavit of ownership, and he relies solely on a wiretap where he talked about it being his and he would provide clear title to it. “Standing is based on … Continue reading

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Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle

Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle by Tim Cushing: When all you have is a war hammer, everything looks like a war. That’s how Wisconsin law … Continue reading

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Treatise on sale through 1/2

Book (all Lexis books, apparently) on sale for 31% off through 1/2 midnight PT.

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OH: Request for consent for a DNA swab is not an interrogation.

A request for consent for a DNA swab is not an interrogation. “By making this request, Weinhardt was asking Tench to consent to a search. But ‘a request to search does not amount to interrogation.’ United States v. Smith, 3 … Continue reading

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Techdirt.com: California Town OKs Destruction Of Police Shooting Records Days Before They Could Be Obtained By The Public

Techdirt.com: California Town OKs Destruction Of Police Shooting Records Days Before They Could Be Obtained By The Public by Tim Cushing: California has long protected police officers from accountability. Most police misconduct records are impossible to obtain via public records … Continue reading

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W.D.N.C.: Motion to suppress that denied all connection to car was denied for lack of standing

Defendant’s motion to suppress goes to the extreme of denying any connection to the vehicle searched in an apparent effort to not be linked at trial, and that means no standing. United States v. Littlejohn, 2018 U.S. Dist. LEXIS 214718 … Continue reading

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