Daily Archives: July 3, 2019

The Intercept: As Trump Announces Mass Immigration Raid, Documents Show How ICE Uses Arrest Quotas

The Intercept: As Trump Announces Mass Immigration Raid, Documents Show How ICE Uses Arrest Quotas by Maryam Saleh:

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Cal.3: Broad electronic parole search condition was reasonable and related to the crime

Defendant was convicted of identity theft and he had an electronic search condition for his release. The computer search release condition was reasonable and not overbroad, and it was related to the underlying crime and how it was committed. People … Continue reading

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IL: Carpenter applies to CSLI search five years before it was decided because there was no binding precedent to contrary

Carpenter is applied to CSLI information obtained five years before it was decided. There was no binding precedent in Illinois or the Seventh Circuit, and the question was even avoided. People v. Strickland, 2019 IL App (1st) 16-1098, 2019 Ill. … Continue reading

Posted in Cell site location information, Consent, Good faith exception | Comments Off on IL: Carpenter applies to CSLI search five years before it was decided because there was no binding precedent to contrary

CA10: Taking ptf nude through a hospital for treatment when in custody stated a claim

Plaintiff’s being paraded nude into a hospital for treatment when in custody stated a claim, and the officers get no qualified immunity. “Plaintiff’s claim … that he was mistreated while in state custody … may be challenged under the Fourth … Continue reading

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WA: Evidence lawfully obtained in another jurisdiction is admissible even if state law would have been violated

Washington’s “silver platter doctrine” that evidence lawfully obtained in another jurisdiction will be admitted into evidence there, even if Washington law would have been violated by the search in Washington, is retained and followed. The search warrant for child pornography … Continue reading

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CA10: SW not needed to obtain GPS location information from parolee’s GPS monitor

Defendant was on community supervision with GPS monitoring. He does not contest that, just the fact the location information was obtained without a search warrant. The probation-parole search exception doesn’t require a search warrant to obtain that information. United States … Continue reading

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W.D.Ark.: Speaking Spanish isn’t even a factor in RS or PC for a vehicle search

The fact the driver of a car spoke Spanish was not reasonable suspicion or probable cause because at least 10% of the U.S. population speaks Spanish. The search of the car was without probable cause, and the exclusionary would be … Continue reading

Posted in Automobile exception, Probable cause, Reasonable suspicion | Comments Off on W.D.Ark.: Speaking Spanish isn’t even a factor in RS or PC for a vehicle search

CO: Officer’s statement there was PC for a SW was irrelevant at trial

Whether there was probable cause for a search warrant is irrelevant at trial and should not be admitted. This was a part of defendant’s cumulative error argument. Howard-Walker v. People, 2019 CO 69, 2019 Colo. LEXIS 573 (July 1, 2019). … Continue reading

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