Daily Archives: February 16, 2019

WaPo: With fitness trackers in the workplace, bosses can monitor your every step — and possibly more

WaPo: With fitness trackers in the workplace, bosses can monitor your every step — and possibly more by Christopher Rowland:

Posted in Surveillance technology | Comments Off on WaPo: With fitness trackers in the workplace, bosses can monitor your every step — and possibly more

CA7: Entrapment defense isn’t relevant to whether controlled buy is PC; it’s a question for trial

Defendant’s assertion of entrapment in a controlled buy is a question for trial. It doesn’t negate the fact that the buy occurred and that probable cause exists. State v. Curtis, 2019-Ohio-499, 2019 Ohio App. LEXIS 514 (7th Dist. Jan. 25, … Continue reading

Posted in Probable cause | Comments Off on CA7: Entrapment defense isn’t relevant to whether controlled buy is PC; it’s a question for trial

OH9: Inadequate findings on officer safety patdown requires remand

The trial court’s findings of an alleged officer safety justification for his patdown are inadequate for the court of appeals to decide whether the state justified the patdown. Remanded for more findings. State v. Murphy, 2019-Ohio-515, 2019 Ohio App. LEXIS … Continue reading

Posted in Forfeiture, Stop and frisk | Comments Off on OH9: Inadequate findings on officer safety patdown requires remand

Two controlled buys: one not done right, one good

The search warrant was based on a controlled buy, but the CI doing the buy was controlled enough to know that what was acquired came from defendant. Therefore, probable cause is lacking, and the good faith exception won’t be applied. … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on Two controlled buys: one not done right, one good

CA7: SW affidavit failed to show nexus, but it was close enough for GFE

The affidavit for a search warrant for a third person’s home where defendant spent a lot of time was deficient on showing nexus and defendant’s connection to it, but it otherwise showed probable cause. Actually, right after three controlled buys, … Continue reading

Posted in Emergency / exigency, Good faith exception, Nexus | Comments Off on CA7: SW affidavit failed to show nexus, but it was close enough for GFE

VA: SW tainted by unlawful entry onto the curtilage for a smell

The evidence obtained pursuant to a search warrant was tainted by police officers’ initial unlawful entry onto defendant’s curtilage. Without that unlawful entry, the officers had no evidence connecting the marijuana odor to defendant or his residence. In addition, he … Continue reading

Posted in Curtilage | Comments Off on VA: SW tainted by unlawful entry onto the curtilage for a smell

CA6: OUI arrest justified search incident for visible beer cans

Defendant’s OUI arrest justified a search incident of the car for beer cans that were visible to the officer. United States v. Latham, 2019 U.S. App. LEXIS 4188 (6th Cir. Feb. 12, 2019). Defendant’s motion for new trial incorporates his … Continue reading

Posted in Ineffective assistance, Search incident | Comments Off on CA6: OUI arrest justified search incident for visible beer cans