Daily Archives: June 6, 2019

News 5 Cleveland: Video shows 2 Cuyahoga Co. Jail officers beat inmate in restraint chair

News 5 Cleveland: Video shows 2 Cuyahoga Co. Jail officers beat inmate in restraint chair by Ian Cross: CLEVELAND — Newly-released video shows two Cuyahoga County Jail officers brutally beating a restrained inmate back in March of this year; both … Continue reading

Posted in Excessive force | Comments Off on News 5 Cleveland: Video shows 2 Cuyahoga Co. Jail officers beat inmate in restraint chair

CA7: Govt illegally entered def’s house but they had plenty of PC and were going to get a warrant; thus, independent source saves the illegal search

“All agree: the DEA entry team entered Huskisson’s house unlawfully. We do not condone this illegal behavior by law enforcement; the better practice is to obtain a warrant before entering a home. Ordinarily, the evidence found here would be excluded. … Continue reading

Posted in Independent source | Comments Off on CA7: Govt illegally entered def’s house but they had plenty of PC and were going to get a warrant; thus, independent source saves the illegal search

IA: Smell of MJ alone is PC for a search

“Iowa Supreme Court precedent holds that the odor of marijuana emanating from a person, by itself, when detected by a police officer, who has adequate knowledge and training to recognize the smell, constitutes probable cause. The district court incorrectly found … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off on IA: Smell of MJ alone is PC for a search

TX: After Franks hearing that removed information from the affidavit, there is no heightened standard of PC

After removing false information after a Franks hearing, the standard of review of probable cause remains the same. There is no heightened standard of probable cause after Franks. Hyland v. State, 2019 Tex. Crim. App. LEXIS 542 (June 5, 2019). … Continue reading

Posted in Cell site location information, Franks doctrine, Probable cause, Reasonable expectation of privacy | Comments Off on TX: After Franks hearing that removed information from the affidavit, there is no heightened standard of PC

W.D.Mo.: Def’s consent under a partial misleading threat as to possible sentence was still voluntary

Defendant still consented in the face of the threat of a 20 year sentence, which was partly misleading under the Sentencing Guidelines. The search of the buildings, vehicle, and cell phone was reasonably within the scope of his consent. There … Continue reading

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FoxNews: OnStar alert leads to rescue of Florida baby from hot car after mom passes out inside: deputies

FoxNews: OnStar alert leads to rescue of Florida baby from hot car after mom passes out inside: deputies by Talia Kaplan The question is: Why were they listening? There was no accident triggering the system.

Posted in Surveillance technology | Comments Off on FoxNews: OnStar alert leads to rescue of Florida baby from hot car after mom passes out inside: deputies

OH10: Two year old email wasn’t stale for CP SW probable cause

A two year old incriminating e-mail was not stale for a child pornography search warrant. State v. ShaskusState v. ShaskusState v. Shaskus, 2019-Ohio-2190, 2019 Ohio App. LEXIS 2273 (10th Dist. June 4, 2019). Defense counsel acted reasonably in foregoing appealing … Continue reading

Posted in Abstention, Staleness | Comments Off on OH10: Two year old email wasn’t stale for CP SW probable cause