Monthly Archives: July 2019

D.Nev.: Under probation interstate compact, probationer subject to rules of both states

Defendant was placed on probation in Arizona, and he was subject to suspicionless searches there. He transferred probation to Nevada under the Interstate Compact for probationers, but Nevada required reasonable suspicion. He knew he was subject to the probation conditions … Continue reading

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CA1: Police chief’s order to officer to turn over cellphone and home phone records not a constitutional violation under third-party doctrine; chief gets qualified immunity

Plaintiff is a police officer, and the chief ordered production of his cell phone and home phone records in an internal investigation. The chief gets qualified immunity because of the third party doctrine. Those records were obtainable by subpoena from … Continue reading

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S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter

The government had a search warrant of ESI for drugs. When the search warrant was executed, they found evidence of healthcare billing fraud. A second search warrant was required, citing the government’s own search manual [noted and linked on the … Continue reading

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Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment

Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment by Don Suarez, arguing that Carpenter applies: “We hold only that a warrant is required in … Continue reading

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Legal Intelligencer: Commentary: Coming Face-to-Face With Facial Recognition Technology

Legal Intelligencer: Commentary: Coming Face-to-Face With Facial Recognition Technology by Jeffrey N. Rosenthal and Huaou Yan: Facial technology identifies an image of a face by breaking down the depicted face into several characteristics (e.g., the relative position, shape, contours and … Continue reading

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OH2: 911 caller whose number is recorded isn’t really anonymous

911 caller whose number was recorded wasn’t truly anonymous, and the information was detailed and first hand. Even if anonymous, it was still reliable enough. State v. Gregory, 2019-Ohio-3000, 2019 Ohio App. LEXIS 3093 (2d Dist. July 26, 2019):

Posted in Informant hearsay | Comments Off on OH2: 911 caller whose number is recorded isn’t really anonymous

OH2: Def’s case was pending when Carpenter decided, so he gets benefit of it, but there was exigency for ping

Defendant was arrested in 2016 for a murder. He raised a CSLI issue, and he was tried after Carpenter was decided. He gets the benefit of Carpenter because his case was still pending when it came down. Nevertheless, there was … Continue reading

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WaPo: A police department is handing out coupons, not tickets, to people who follow the law. Not everyone is thrilled.

WaPo: A police department is handing out coupons, not tickets, to people who follow the law. Not everyone is thrilled. By Antonia Noori Farzan:

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WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know.

WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know. By Tim Maurer and Garrett Hinck: And so do governments around the world.

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IL: Chicago PD’s “investigative alert” arrest is without judicially approved PC and unconstitutional

“Cordell Bass was arrested solely on the authority of what the Chicago Police Department calls an ‘investigative alert.’ Department regulations allow officers to arrest people on the basis of an alert where there is probable cause to believe the suspect … Continue reading

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D.Nev.: The fact def’s FIPF prior had a suspended sentence wasn’t material for Franks

A state telephonic search warrant was issued based on allegations that defendant was a felon in possession of a firearm. The fact he got a suspended sentence and it was omitted from the application for the warrant isn’t material. United … Continue reading

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W.D.Ark.: The “traffic stop” was actually a PC stop for drugs

This was not even a traffic stop, although it appeared one to the defendant. Actually, it was based on a CI’s information involving drugs and was with probable cause, so the extension of the stop with reasonable suspicion didn’t even … Continue reading

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PA: DYS inspection order required PC

DYS obtained an inspection order to enter petitioner’s house, but it was issued without specific probable cause to believe any specific acts were occurring inside. Probable cause was required for the order to enter. In the Interest of D.R., 2019 … Continue reading

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WSJ: Feds Consider Allowing Body Cameras in Joint Task Forces

WSJ: Feds Consider Allowing Body Cameras in Joint Task Forces by Sadie Gurman and Dan Frosch: Possible change comes after police complain about conflicts between their use of body cameras and federal law enforcement’s ban on them.

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WaPo: She delivered $200 worth of drugs. Police seized her $53,000 Chevrolet Tahoe.

WaPo: She delivered $200 worth of drugs. Police seized her $53,000 Chevrolet Tahoe. by Justin Jouvenal:

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MA: An unreasonable and overlong detention of the car is also one of the passengers

The mere fact the car was rented provided no indication to the officer that the defendant wasn’t permitted to drive it, thus no reasonable suspicion from that. Thus, the stop was unreasonably extended without reasonable suspicion. When the detention is … Continue reading

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E.D.Va.: In an open carry state, more than presence of a gun is required for RS, and here the officers had it

In an open carry state, more is required for reasonable suspicion, and here it was present. “The Court finds that, by the time Officer Gohn saw the firearm in plain view on the floorboard of the Chevy Cobalt and verbally … Continue reading

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TN: There was PC for a search of the person but no exigency

There was probable cause for a search of defendant’s person, but there’s no evidence of exigency to justify it. A frisk produced no weapons, a drug dog didn’t alert on the car. Ultimately, he was made to empty his pockets, … Continue reading

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D.Idaho: Def can be forced to use finger on Touch ID feature to open phone

The USMJ denied an order to compel the target to use the “Touch ID” feature of his cell phone to open it. On appeal to the USDJ, surveying the cases, the court orders the target to use his finger because … Continue reading

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DE: Collateral estoppel erroneously applied from a forfeiture case to a criminal case

The trial court erroneously applied collateral estoppel from a forfeiture case to defendant’s criminal case. Brown v. State, 2019 Del. LEXIS 363 (July 22, 2019). “I conclude that Trial Counsel’s strategy did not prejudice Lambert in any way. Lambert also … Continue reading

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