Daily Archives: July 15, 2019

CA9: Def’s two probation searches, back to back, were reasonable

Defendant was properly subjected to a probation search. The first search led to a second search. United States v. Hardesty, 2019 U.S. App. LEXIS 20724 (9th Cir. July 12, 2019).* Defendant doesn’t get discovery of the entire breadth of this … Continue reading

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S.D.N.Y.: Driver’s cell phone search in 2017 NYC truck attack on pedestrians attributed to ISIS was with PC and was particular

The defendant in the 2017 New York City truck attack attributed to ISIS moved to suppress his cell phone search, primarily on the ground that ubiquity of cell phones alone isn’t enough. There was more. The court credits the FBI … Continue reading

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Daily Beast: ‘Red Flags’ as New Documents Point to Blind Spots of NYPD ‘Predictive Policing’

Daily Beast: ‘Red Flags’ as New Documents Point to Blind Spots of NYPD ‘Predictive Policing’ by Ali Winston: “They’re digitizing the legacy of stop-and-frisk. This is effectively math-washing racially biased policing practices.”

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The Atlantic: On the Road, Police Power Has Few Limits

The Atlantic: On the Road, Police Power Has Few Limits by Sarah A. Seo: Officers have wide discretion when they pull over motorists. And the courts keep giving them more.

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NY3: Evidence seized from defense counsel was not privileged because of crime-fraud exception

Somehow, papers were seized [or obtained] from the county public defender in the case [without explanation, which is not uncommon in New York appellate cases], and defendant claimed attorney-client privilege. The court finds the crime-fraud exception applies, and what was … Continue reading

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D.R.I.: CSLI warrant lacked PC and GFE not applied

In what may be a first, the District of Rhode Island suppresses both CSLI and an apartment search warrant for lack of probable cause and then declines to apply the good faith exception. United States v. Ramos, 2019 U.S. Dist. … Continue reading

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Finished all three book supplements over the weekend

Getting back to the blog. Why do all three editors want the supplement by mid-July?

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