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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