Daily Archives: August 16, 2019

NYTimes: N.Y.P.D. Detectives Gave a Boy, 12, a Soda. He Landed in a DNA Database.

NYTimes: N.Y.P.D. Detectives Gave a Boy, 12, a Soda. He Landed in a DNA Database. by Jan Ransom and Ashley Southall: The city has 82,473 people in its database. Many of them have no idea their genetic information is there.

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Cal.: Probation search condition of electronic devices not related to underlying offense and quashed

The juvenile here was adjudicated guilty of burglary. A probation search condition of his electronic devices wasn’t reasonably related to the offense and it is ordered removed. In re Ricardo P., 2019 Cal. LEXIS 5949 (Aug. 16, 2019). The seizure … Continue reading

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S.D.N.Y.: Seizure of 21 privileged documents out of 1.3M wasn’t a 4A or privilege violation

The government seized 1.3M documents, and 21 apparently were privileged. This doesn’t show that the government was willful disregarding the warrant or the need to protect privileged materials. His iPhone and laptop were properly seized by plain view then subjected … Continue reading

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N.D.W.Va.: Warrantless entry to prevent destruction of evidence pending SW was reasonable

A warrantless protective sweep before obtaining a search warrant to prevent possible destruction of evidence was reasonable. A search warrant was later obtained [inevitable discovery]. United States v. Beazel, 2019 U.S. Dist. LEXIS 136901 (N.D. W.Va. Aug. 14, 2019).* The … Continue reading

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CA2: Ordering ptf out of a city council meeting that had been disrupted wasn’t a 4A seizure

Making plaintiff leave a city council meeting that had been disrupted by her and others was not a Fourth Amendment seizure. Guiding her out wasn’t either. Youkhanna v. City of Sterling Heights, 2019 U.S. App. LEXIS 24165 (6th Cir. Aug. … Continue reading

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CA11: Shooting a man with a gun was close enough to reasonable under the circumstances for QI

Officers get qualified immunity for shooting a mentally retarded man they knew of when he was wandering the highway and was reported flashing a handgun at people. When the police encountered him, he wouldn’t show his hands and kept one … Continue reading

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