Daily Archives: June 29, 2019

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

Posted in § 1983 / Bivens, Ineffective assistance, Inventory, Qualified immunity | Comments Off on CA11: Officers get QI for stop of apparent burglars

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

Posted in Abandonment, Automobile exception, Franks doctrine, Ineffective assistance | Comments Off on M.D.Fla.: Record supports def abandoned CD-Rom of CP

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

Posted in Cell phones, Plain view, feel, smell, Probable cause, Search incident | Comments Off on CA7: Drug stakeout led to stumbling upon CP in plain view