Daily Archives: July 11, 2019

NYTimes: Opinion: The Racist History Behind Facial Recognition

NYTimes: Opinion: The Racist History Behind Facial Recognition When will we finally learn we cannot predict people’s character from their appearance?

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WaPo Podcast: The FBI and ICE are scanning millions of Americans’ faces — without their knowledge or consent

WaPo Podcast: The FBI and ICE are scanning millions of Americans’ faces — without their knowledge or consent

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USA Today: Customs officers barred from randomly checking papers on domestic flights

USA Today: Customs officers barred from randomly checking papers on domestic flights by Alan Gomez:

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S.D.N.Y.: IP information does not provide anywhere near the “granular” detail that CSLI or GPS information does, so SW not required

IP information does not provide anywhere near the “granular” detail that CSLI or GPS information does, so a search warrant is not required. United States v. Kidd, 2019 U.S. Dist. LEXIS 114627 (S.D. N.Y. July 11, 2019) (citing United States … Continue reading

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CA11: Officer’s second gunshot at a dog not clearly established as excessive force; QI granted, ptf not even a target

Excessive force qualified immunity case: A second gunshot at a dog wasn’t clearly established to be excessive force, and plaintiff wasn’t even a target. Therefore, the officer gets qualified immunity. Corbitt v. Vickers, 2019 U.S. App. LEXIS 20447 (11th Cir. … Continue reading

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MN: Limited right to counsel before blood test doesn’t apply to SW blood draws

“The limited right to counsel established in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828 (Minn. 1991), does not apply when an individual is asked to submit to a blood test pursuant to a warrant.” (Syllabus) State v. Rosenbush, … Continue reading

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D.P.R.: Officer opened def’s door without PC or consent; suppressed

Officer’s opening defendant’s door without probable cause or voluntary consent requires suppression of weapons found inside. (The USMJ conducted a hearing and the USDJ had doubts about some facts and conducted another one.) United States v. Figueroa-Figueroa, 2019 U.S. Dist. … Continue reading

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CA5: Sounds inside at a knock-and-talk created exigency

Police did a knock-and-talk on a motel room door, and the sound of scrambling inside and a toilet flush was exigency. Also, defendant was a casual visitor almost certainly without standing. United States v. Daniels, 2019 U.S. App. LEXIS 20449 … Continue reading

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CA2: Second inventory search on the street was reasonable

Defendant’s car was inventoried by NYPD. After the first search, officers overheard defendant’s phone call that somebody needed to come and get the car “now,” and they surmised they overlooked something important. A second inventory was conducted, and the NYPD … Continue reading

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WaPo: A Florida cop planted meth on random drivers, police say. One lost custody of his daughter.

WaPo: A Florida cop planted meth on random drivers, police say. One lost custody of his daughter. By Meagan Flynn:

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CA11: Carpenter not retroactive for a successor habeas

Carpenter not retroactive for a successor habeas. In re Symonette, 2019 U.S. App. LEXIS 20428 (11th Cir. July 9, 2019):

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Reason: Volokh Conspiracy: The Property-in-Property Problem in Fourth Amendment Law

Reason: Volokh Conspiracy: The Property-in-Property Problem in Fourth Amendment Law by Orin Kerr: A tale of two new cases on your constitutional rights when you leave your backpack with your drugs in someone else’s car.

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