Daily Archives: August 22, 2019

WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look.

WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look. By Amy Dockser Marcus: Millions of consumers have bought home-test kits, including 1.5 million from FamilyTreeDNA. How that data is used is largely left up to … Continue reading

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OH7: Dog alert on a car alone didn’t give PC to search passenger

Dog alert on a car alone didn’t give probable cause to search a passenger. State v. Chapman, 2019-Ohio-3339, 2019 Ohio App. LEXIS 3422 (7th Dist. Aug. 20, 2019):

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CA7: After state court affirms denial of motion to suppress, issue preclusion and abstention bar damages suit

Issue preclusion and full faith and credit deny federal courts the ability to determine a Fourth Amendment damages claim in an action after the state court denied suppression. Wade v. Barr, 2019 U.S. App. LEXIS 24723 (7th Cir. Aug. 20, … Continue reading

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CA5: At summary judgment stage, “[t]his is an obvious case” that can’t be resolved on summary judgment

“The summary judgment facts, as determined by the district court, are that Ryan posed no threat to the officers or others to support firing without warning. The ‘Officers had the time and opportunity to give a warning and yet chose … Continue reading

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M.D.Fla.: Guest’s host’s consent was coerced and suppressed

Defendant was an overnight guest with standing. His host’s consent was coerced by the police and wasn’t voluntary. United States v. Powell, 2019 U.S. Dist. LEXIS 141017 (M.D. Fla. July 16, 2019)*:

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TX14: Exigency permitted seizure of cell phone where officer thought def was deleting things from it anticipating its search

The officer was justified in seizing defendant’s cell phone when there was probable cause and it appeared that defendant might be deleting things from it. Also, no great detail required to identify a cell phone for a search warrant. Gutierrez … Continue reading

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E.D.Tenn.: Automobile exception permits search of locked box inside vehicle

With probable cause to believe that a vehicle has evidence in it, the automobile exception allows entry into a locked container (here a locked box) inside the vehicle. Also, a police officer following a car is not a seizure. United … Continue reading

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MT: Overseizure of contents of cell phone didn’t prejudice def where the overseized information was not offered at trial

Defendant argued that the search of his cell phone violated the Fourth Amendment because more was seized than the warrant allowed. Since none of the excess was offered by the state, he wasn’t prejudiced, and the over seizure didn’t void … Continue reading

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Pittsburgh Post-Gazette: Editorial: Marijuana haze: Police struggle to keep up with new laws on pot

Pittsburgh Post-Gazette: Editorial: Marijuana haze: Police struggle to keep up with new laws on pot: There is a clear need for better training on medical marijuana and on search and seizure.

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NYTimes: Opinion: No, Facebook Is Not Secretly Listening to You

NYTimes: Opinion: No, Facebook Is Not Secretly Listening to You (Except when it is.) by Sarah Jeong

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OH3: Removing falsity from SW affidavit that def sold drugs from house still leaves PC that someone did

The affidavit for search warrant misstated that defendant was the person selling drugs out of the house. Even removing that fact from the affidavit, there still remains probable cause to believe that drugs would be found in the house. Those … Continue reading

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NC: Police exceeded private search of thumb drive, and it’s suppressed

Defendant’s wife opened a thumb drive in defendant’s briefcase looking for pictures of herself and his housekeeper when he was overseas. She found a picture of her daughter asleep unclothed from the waist up, and took it to the police … Continue reading

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