Daily Archives: August 4, 2019

WSJ (opinion): Have No Fear of Facial Recognition

WSJ (opinion): Have No Fear of Facial Recognition by Andy Kessler: If it is bound by good legal protections, the technology is a boon, not a tool for tyranny.

Posted in Surveillance technology | Comments Off on WSJ (opinion): Have No Fear of Facial Recognition

Courthouse News Service: Journalist’s Phone Data Was Used to Justify Home, Office Raids

Courthouse News Service: Journalist’s Phone Data Was Used to Justify Home, Office Raids by Nicholas Iovino: Police used records of a journalist’s private communications with a confidential source, obtained by a now-quashed search warrant, to secure permission to raid the … Continue reading

Posted in Privileges | Comments Off on Courthouse News Service: Journalist’s Phone Data Was Used to Justify Home, Office Raids

CA11: Telling ptf to move his car wasn’t a 4A seizure

Ordering plaintiff off a parking lot because of suspected trespassing wasn’t a Fourth Amendment seizure. Watkins v. Joy, 2019 U.S. App. LEXIS 22910 (11th Cir. Aug. 1, 2019). X-ray for contraband on an inmate is not a Fourth Amendment claim. … Continue reading

Posted in Search, Seizure | Comments Off on CA11: Telling ptf to move his car wasn’t a 4A seizure

NJ: While first DNA sample violated 4A, second was based on independent source and was valid

The first DNA sample taken from defendant violated the Fourth Amendment. The state, however, got a do over and it used untainted information to get a second which was valid based on independent source. State v. Camey, 2019 N.J. LEXIS … Continue reading

Posted in DNA, Independent source | Comments Off on NJ: While first DNA sample violated 4A, second was based on independent source and was valid

CA4: Tasing ptf twice was reasonable force because of his agitated state with a gun on his person

Tasing plaintiff twice was reasonable force because of his agitated state with a gun on his person. Hogan v. Beaumont, 2019 U.S. App. LEXIS 22861 (4th Cir. July 31, 2019):

Posted in Excessive force | Comments Off on CA4: Tasing ptf twice was reasonable force because of his agitated state with a gun on his person

E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it

The government satisfied its burden in showing that the inventory of defendant’s car was reasonable and not for an investigative purpose. Important to that, they attempted to work with defendant to avoid towing the vehicle at all by getting a … Continue reading

Posted in GPS / Tracking Data, Informant hearsay, Inventory | Comments Off on E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it

CA4: Single click on a CP website’s URL is PC for the clicker’s computer

A single click on a URL on a website devoted to child pornography is probable cause for a search warrant for defendant’s computer. United States v. Bosyk, 2019 U.S. App. LEXIS 22973 (4th Cir. Aug. 1, 2019):

Posted in Computer searches, Probable cause | Comments Off on CA4: Single click on a CP website’s URL is PC for the clicker’s computer

CA8: Not a 4A violation for school resource officer to handcuff sobbing second grader

It was not unreasonable for a school resource officer to handcuff for 15 minutes a 7-year-old sobbing second grader who he suspected of active resistance to going to the principal’s office. Aside from reasonableness, qualified immunity applies because the right … Continue reading

Posted in Abstention, Qualified immunity, Reasonableness | Comments Off on CA8: Not a 4A violation for school resource officer to handcuff sobbing second grader

D.S.C.: Failure to raise excessive force claim within search claim wasn’t IAC

Defense counsel’s failure to raise an excessive force claim as a part of his arrest wasn’t ineffective assistance of counsel on the merits of the arrest or subsequent search. Waters v. United States, 2019 U.S. Dist. LEXIS 128341 (D. S.C. … Continue reading

Posted in Abstention, Excessive force, Ineffective assistance | Comments Off on D.S.C.: Failure to raise excessive force claim within search claim wasn’t IAC

CA6: Eyewitness identification alone can be RS

“So did the officer have reasonable suspicion to stop Lett? Yes. The eyewitness identifications, alone, created that suspicion.” United States v. Lett, 2019 U.S. App. LEXIS 22987 (6th Cir. Aug. 1, 2019).* Defendant’s traffic stop for moving within his own … Continue reading

Posted in Reasonable suspicion | Comments Off on CA6: Eyewitness identification alone can be RS

CA3: Guilty plea waives a 4A claim, and the plea is the basis of conviction, not the search

A guilty plea waives a Fourth Amendment claim. The plea is the basis of conviction, not the search. United States v. Porter, 2019 U.S. App. LEXIS 22990 (3d Cir. Aug. 1, 2019):

Posted in Uncategorized | Comments Off on CA3: Guilty plea waives a 4A claim, and the plea is the basis of conviction, not the search

CA8: Parole search of cell phone was reasonable

Defendant was on supervised release in Minnesota as a result of a state conviction. His cell phone was subject to search on reasonable suspicion, and Riley does not bar a parole or probation search of a cell phone. Moreover, his … Continue reading

Posted in Cell phones, Probation / Parole search, Reasonable suspicion | Comments Off on CA8: Parole search of cell phone was reasonable