Monthly Archives: May 2019

C.D.Ill.: Providing the inventory of the SW execution wasn’t designed to elicit an incriminating response

Providing defendant with the inventory of what was taken in the search, a normal practice usually required by law, was not designed to elicit an incriminating response. Therefore, the statement was voluntary and not subject to Miranda. United States v. … Continue reading

Posted in Reasonableness, Warrant execution | Comments Off on C.D.Ill.: Providing the inventory of the SW execution wasn’t designed to elicit an incriminating response

W.D.N.Y.: PC was shown in the affidavit; the possibility of another innocent explanation doesn’t undermine PC

There was probable cause for issuance of the search warrant for defendant’s house. The possibility of another explanation doesn’t mean there isn’t probable cause. “The defendant argues that the facts are equally consistent with the possibility that the narcotics were … Continue reading

Posted in Probable cause, Staleness | Comments Off on W.D.N.Y.: PC was shown in the affidavit; the possibility of another innocent explanation doesn’t undermine PC

OH3: Def’s failure to show actual innocence defeats his claim he never saw SW to challenge it

Defendant claimed he never knew about any search warrants in his case, but he was served with one when he was arrested and his place searched. Even so, there is no indication that he would have prevailed on any search … Continue reading

Posted in Uncategorized | Comments Off on OH3: Def’s failure to show actual innocence defeats his claim he never saw SW to challenge it

The New American: New York Public School District First to Use Facial-recognition System

The New American: New York Public School District First to Use Facial-recognition System by Joe Wolverton, II:

Posted in Surveillance technology | Comments Off on The New American: New York Public School District First to Use Facial-recognition System

D.Colo.: To just say a SW is “stale” in a motion to suppress says nothing; def has to show how or why it is stale

Defendant “cannot simply state general legal principles and expect the Court or the Government to figure out what he means to argue. Burciaga bears the burden here, and this ‘argument’ does not satisfy it. Accordingly, the Court will not inquire … Continue reading

Posted in Burden of pleading, Emergency / exigency | Comments Off on D.Colo.: To just say a SW is “stale” in a motion to suppress says nothing; def has to show how or why it is stale

DC: To get the benefit of Heien mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn’t

A D.C. police car stopped, backed up, and four officers got out of the car, walked over to defendant, and told him to “get up.” A reasonable person would not have believed he was free to leave, and this stop … Continue reading

Posted in Good faith exception, Ineffective assistance, Reasonableness | Comments Off on DC: To get the benefit of Heien mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn’t

C.D.Ill.: Issue preclusion doesn’t fairly apply to officers in § 1983 case after suppression in state court

Issue preclusion would not be applied to preclude defendant officers from litigating the legality of a search that defendant prevailed upon in state court. Applying state law on issue preclusion, it would be unfair to apply it to officers who … Continue reading

Posted in Standing | Comments Off on C.D.Ill.: Issue preclusion doesn’t fairly apply to officers in § 1983 case after suppression in state court

IN: SW for house includes the curtilage

A search warrant for a house gives police the ability to search the curtilage, too. Hardin v. State, 2019 Ind. App. LEXIS 234 (May 29, 2019). Navajo Nation police officers had implied license to approach the front door of a … Continue reading

Posted in Curtilage, Knock and talk, Scope of search | Comments Off on IN: SW for house includes the curtilage

AL: Children missing after mother’s murder was exigency for entry of house

Defendant was believed to have dismembered the mother of his children and the children couldn’t be found. Police got an address and went there but didn’t get an answer. They went to her parents’ house who sent them back to … Continue reading

Posted in Emergency / exigency | Comments Off on AL: Children missing after mother’s murder was exigency for entry of house

WaPo: Perspective: It’s the middle of the night. Do you know who your iPhone is talking to?

WaPo: Perspective: It’s the middle of the night. Do you know who your iPhone is talking to? by Geoffrey A. Fowler: Apple says, ‘What happens on your iPhone stays on your iPhone.’ Our privacy experiment showed 5,400 hidden app trackers … Continue reading

Posted in Surveillance technology | Comments Off on WaPo: Perspective: It’s the middle of the night. Do you know who your iPhone is talking to?

MO: SW for a house includes the garden in the curtilage

The search warrant for defendant’s home authorized a search of defendant’s garden because, under Jardines, the curtilage is considered part of the house itself. State v. Daggett, 2019 Mo. App. LEXIS 843 (May 28, 2019). A state court’s 2017 cell … Continue reading

Posted in Curtilage, GPS / Tracking Data, Informant hearsay | Comments Off on MO: SW for a house includes the garden in the curtilage

The Hill: Bipartisan thumbs-down to facial recognition technology

The Hill: Bipartisan thumbs-down to facial recognition technology by Dean DeChiaro:

Posted in Surveillance technology | Comments Off on The Hill: Bipartisan thumbs-down to facial recognition technology