Monthly Archives: June 2019

MA: Actual knowledge def had cell phone on him isn’t required for CSLI warrant

For CSLI, direct evidence that defendant had a cell phone on him is not constitutionally required under Carpenter or any other case. The content of communications aren’t sought – just the fact of where the phone has been. Commonwealth v. … Continue reading

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NJ: State’s references to refusal to consent violated 4A & 5A

NJ finally holds that the state’s repeated references to defendant refusing consent as consciousness of guilt violated his Fourth and Fifth Amendment rights. State v. Sui Kam Tung, 2019 N.J. Super. LEXIS 101 (June 28, 2019):

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Reuters: Motel 6 hotel chain to settle lawsuit over sharing guest lists with ICE

Reuters: Motel 6 hotel chain to settle lawsuit over sharing guest lists with ICE by Dan Whitcomb: Motel 6 has agreed to pay $10 million to settle a class-action lawsuit over claims the budget chain routinely provided guest lists from … Continue reading

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TheAppeal.org: ‘Do Not Record’

TheAppeal.org: ‘Do Not Record’ by Elizabeth Weill-Greenberg: Phone calls between prisoners in Orange County and their lawyers were recorded and accessed. How wide the eavesdropping was remains an open question. . . .

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PA: Scope of search argument not preserved below

The scope of search authorized under the warrant wasn’t preserved below, so it’s waived for appeal. Commonwealth v. Handley, 2019 PA Super 201, 2019 Pa. Super. LEXIS 638 (June 28, 2019). The affidavit for search warrant was not “bare bones” … Continue reading

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LA2: State law at time required PO be present at search, and he wasn’t; suppressed

Defendant’s probation officer wasn’t present for his probation search, and that was required at the time by state law (since changed but prospectively). Still, that voided his probation search. State v. Carter, 2019 La. App. LEXIS 1152 (La. App. 2 … Continue reading

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CA11: Multiple addresses for large rural property didn’t make SW for one address lack particularity

The search warrant for rural property described a 26 acre “lot” which the officers reasonably believed was all covered by one address. It turned out that it wasn’t, and there was another address for it all, too. Still, the warrant … Continue reading

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CA6: Dist Ct erred in concluding it was reasonable to believe ptf abandoned his home; finding of QI reversed

The district court erred in granting qualified immunity to officers who decided that the plaintiff had abandoned his rented home by disclaiming ownership in the property. He was clearly a guest at the minimum or a renter at most, and … Continue reading

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The Atlantic: The Strange Politics of Facial Recognition

The Atlantic: The Strange Politics of Facial Recognition by Sidney Fussell: Everyone seems to have found common ground on the emerging technology. That’s exactly what its makers want.

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CA11: Officers get QI for stop of apparent burglars

The defendant officers’ actions were justified and subject to qualified immunity. They were patrolling an area known for daytime burglaries and saw plaintiff lurking along the side of homes and stopped to inquire and found that one house was open. … Continue reading

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IL: 8 month delay in getting SW for seized computers was unreasonable

The state’s eight month delay in seeking a search warrant for defendant’s computers seized under a warrant was unjustified and unreasonable. The state’s reasoning was it didn’t “want to step on the toes of the IRS” and it took the … Continue reading

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N.D.Ind.: Protective sweep during execution of arrest warrant was justified; four others inside

Officers came in with an arrest warrant, and the further protective sweep was justified because others were found inside. That protective sweep produced a sawed off shotgun. United States v. Ford, 2019 U.S. Dist. LEXIS 107424 (N.D. Ind. June 27, … Continue reading

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M.D.Fla.: Record supports def abandoned CD-Rom of CP

The record supports the conclusion that defendant abandoned a CD-Rom of child pornography, and defense counsel wasn’t ineffective for not pursuing it. Rogers v. Sec’y, 2019 U.S. Dist. LEXIS 107788 (M.D. Fla. June 27, 2019).* The trial court’s finding there … Continue reading

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CA7: Drug stakeout led to stumbling upon CP in plain view

Officers were in a park looking for a drug meet up. They incidentally noticed defendant’s car and his actions suggested he might be doing drugs. They approached him and smelled marijuana coming from the car, but he was in the … Continue reading

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ACLU blog: The Supreme Court’s Most Consequential Ruling for Privacy in the Digital Age, One Year In

ACLU blog: The Supreme Court’s Most Consequential Ruling for Privacy in the Digital Age, One Year In by Nathan Freed Wessler

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WaPo: Court orders D.C. officers to start collecting mandated racial data in police stops

WaPo: Court orders D.C. officers to start collecting mandated racial data in police stops by Peter Hermann and Rachel Weiner: D.C. police must begin tracking the race of every person officers stop in a vehicle or as a pedestrian within … Continue reading

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SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects

SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects by Amy Howe: Yesterday a divided Supreme Court ruled that the Fourth Amendment generally does not bar states from taking a blood sample from an unconscious drunk-driving suspect … Continue reading

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CA5: GFE saves search of cell phone seized when not specified in SW

A juvenile probation officer started an investigation into whether girls under his supervision were being pimped out. Substantial evidence was developed that concluded they were. A search warrant was obtained for defendant’s property, and computers were mentioned for seizure but … Continue reading

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D.Minn.: Four month old information about guns in a drug SW on three day old information wasn’t stale

The affidavit for search warrant mentioned methamphetamine as something to be seized, and there was probable cause for it. Four month old information about firearms on the premises in a drug search warrant on information 72 hours old wasn’t stale … Continue reading

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CA9: The smell of marijuana from a car in a recreational use state is still PC

The smell of marijuana from a car in Nevada where recreational use is permitted is still probable cause because state law doesn’t permit smoking in a car. United States v. Gray, 2019 U.S. App. LEXIS 19095 (9th Cir. June 26, … Continue reading

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