Monthly Archives: August 2019

MA: Def’s statement was suppressed, and that led to suppression of phone and CSLI for lack of nexus

Defendant’s cell phone search was based on a statement in violation of Miranda, and it must be suppressed. When the affidavit for the search warrant for defendant’s CSLI has the information removed that was the product of that search, there … Continue reading

Posted in Cell phones, Cell site location information, Ineffective assistance | Comments Off on MA: Def’s statement was suppressed, and that led to suppression of phone and CSLI for lack of nexus

Forbes: Will Networked Self-Driving Cars Become A Surveillance Nightmare?

Forbes: Will Networked Self-Driving Cars Become A Surveillance Nightmare? by Brad Templeton:

Posted in Surveillance technology | Comments Off on Forbes: Will Networked Self-Driving Cars Become A Surveillance Nightmare?

E.D.Va.: Request for consent within 20 seconds of handing over tickets didn’t unreasonably extend stop

A request for consent within 20 seconds of handing the tickets to the defendant did not unreasonably extend the stop. The court finds the consent voluntary. United States v. Perez-Almeida, 2019 U.S. Dist. LEXIS 144705 (E.D. Va. Aug. 26, 2019). … Continue reading

Posted in Abstention, Ineffective assistance, Reasonableness | Comments Off on E.D.Va.: Request for consent within 20 seconds of handing over tickets didn’t unreasonably extend stop

AL: City code enforcer violated 4A by entering curtilage and towing cars

A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The … Continue reading

Posted in Abandonment, Administrative search, Curtilage | Comments Off on AL: City code enforcer violated 4A by entering curtilage and towing cars

W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

Defendant retained new counsel and moved to reopen his suppression hearing alleging former counsel was ineffective for not raising a better argument. The motion is denied because this claim doesn’t satisfy the standard for reopening. The issue was available and … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, GPS / Tracking Data, Suppression hearings | Comments Off on W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

S.D.Ga.: Lack of announcement doesn’t invoke exclusionary rule; def argued he was entitled to announcement to be able to dispose of his drugs

Defendant claims his search was invalid for lack of knock-and-announce because, if they had announced, he could have destroyed the drugs and wouldn’t have been charged [apparently oblivious to the fact that’s one of the justification for dispensing with announcement]. … Continue reading

Posted in Administrative search, Knock and announce | Comments Off on S.D.Ga.: Lack of announcement doesn’t invoke exclusionary rule; def argued he was entitled to announcement to be able to dispose of his drugs

OH5: Failure to put SW affidavit into evidence denies review of PC determination

Appellant failed to put the affidavit for search warrant into evidence at the suppression hearing, so it is unavailable for review on whether it showed probable cause. State v. Hill, 2019-Ohio-3432, 2019 Ohio App. LEXIS 3524 (5th Dist. Aug. 27, … Continue reading

Posted in Burden of proof, Excessive force, Suppression hearings | Comments Off on OH5: Failure to put SW affidavit into evidence denies review of PC determination

D.Me.: Arrest outside master bedroom of known drug house justified protective sweep of bedroom

Defendant arrested 8′ from master bedroom in a house known for drug activity justified a protective sweep of the bedroom. United States v. Pemberton, 2019 U.S. Dist. LEXIS 146615 (D. Me. May 17, 2019),* adopted, 2019 U.S. Dist. LEXIS 145167 … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off on D.Me.: Arrest outside master bedroom of known drug house justified protective sweep of bedroom

CA9: Even if state tracking warrant was limited to state, GFE applies

Assuming without deciding that a state tracking warrant couldn’t be tracked outside the state, the exclusionary rule would not be applied because the officers were all clearly operating in good faith. Moreover, defendant’s committing yet another bank robbery while he … Continue reading

Posted in Good faith exception, GPS / Tracking Data | Comments Off on CA9: Even if state tracking warrant was limited to state, GFE applies

W.D.La.: Reasonable suspicion in part on a lie caught by a LPN reader

Louisiana tracks the LPNs of vehicles crossing from Texas on I-10. Defendant was stopped for a traffic offense and lied about his travels saying he came from within Louisiana. During their interaction, he became way more nervous. There was reasonable … Continue reading

Posted in Reasonable suspicion | Comments Off on W.D.La.: Reasonable suspicion in part on a lie caught by a LPN reader

Two on waiver for failure to litigate issues

Defendant waived any claims on officer’s reliance on an APB for never having mentioned it in his motion to suppress. Commonwealth v. Santos, 2019 Mass. App. LEXIS 107 (Aug. 26, 2019).* Defendant litigated his statement as coming from an illegal … Continue reading

Posted in Burden of pleading | Comments Off on Two on waiver for failure to litigate issues

M.D.La.: State privacy law confers no additional standing in federal court

As a mere passenger, defendant has no standing to contest a search of the car. “The Court also rejects Defendant’s argument that his state-law right to privacy somehow confers standing in this federal action. Defendant has the burden of establishing … Continue reading

Posted in Standing | Comments Off on M.D.La.: State privacy law confers no additional standing in federal court

techspot: Amazon’s Ring has partnerships with over 400 US police forces

techspot: Amazon’s Ring has partnerships with over 400 US police forces by Adrian Potoroaca (“The company calls it the ‘new neighborhood watch’”) Arkansas Times: Big brother in your doorbell in Little Rock, other Arkansas cities by Max Brantley Prior post … Continue reading

Posted in Surveillance technology | Comments Off on techspot: Amazon’s Ring has partnerships with over 400 US police forces

Reclaimthenet: Google gives police data on all users within 100 feet of bank robbery

Reclaimthenet: Google gives police data on all users within 100 feet of bank robbery by Tom Parker:

Posted in Surveillance technology | Comments Off on Reclaimthenet: Google gives police data on all users within 100 feet of bank robbery

OH2: Warrantless entry into backyard on seeing a severely malnourished dog was reasonable

Police entry into defendant’s backyard in search of a severely malnourished dog was reasonable where the police were called about a sick dog at large. State v. Glowney, 2019-Ohio-3390, 2019 Ohio App. LEXIS 3473 (2d Dist. Aug. 23, 2019). Plaintiff’s … Continue reading

Posted in Curtilage | Comments Off on OH2: Warrantless entry into backyard on seeing a severely malnourished dog was reasonable

D.Mont.: Destruction of a lockbox to search it was not unreasonable

Damaging a lockbox to open it under a search warrant was not unreasonable and doesn’t require suppression of its contents. Destruction of property is sometimes required to execute a search warrant: Dalia v. United States. United States v. Boeke, 2019 … Continue reading

Posted in Anticipatory warrant, Warrant execution | Comments Off on D.Mont.: Destruction of a lockbox to search it was not unreasonable

NM applies Strieff in a near replica case; outstanding arrest warrant overcomes allegedly illegal stop

“Accordingly, based upon our application of the Brown factors in a circumstance markedly similar to Strieff, we conclude that Defendant’s arrest warrant was an intervening cause that broke the causal chain between Officer Townsend’s unlawful detention of Defendant and the … Continue reading

Posted in Arrest or entry on arrest, Pretext, Reasonableness | Comments Off on NM applies Strieff in a near replica case; outstanding arrest warrant overcomes allegedly illegal stop

DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. … Continue reading

Posted in DNA, Nexus, Search incident | Comments Off on DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

NPR: Privacy Experts Say The Trade-Offs Of Tech To Track Kids In School Aren’t Worth It

NPR: Privacy Experts Say The Trade-Offs Of Tech To Track Kids In School Aren’t Worth It by Anya Kamenetz and Jessica Bakeman: The use of tech to track and police our kids in school is growing and privacy experts say … Continue reading

Posted in Surveillance technology | Comments Off on NPR: Privacy Experts Say The Trade-Offs Of Tech To Track Kids In School Aren’t Worth It

The Recorder: Commentary: Is Privacy Dead in the World of the Internet of Things?

The Recorder: Commentary: Is Privacy Dead in the World of the Internet of Things? by Brian Kint: There may have been a time where it was possible to go through life while remaining relatively anonymous with respect to the products … Continue reading

Posted in Surveillance technology | Comments Off on The Recorder: Commentary: Is Privacy Dead in the World of the Internet of Things?