Monthly Archives: September 2019

KY: Def’s car search lacked PC; not def’s burden to show state lacked exigency, it’s the state’s burden to show it

The search of defendant’s car was completely unjustified. The car was parked and he was sitting in it. The officer was curious and approached to talk to him. Nothing was seen suggesting crime was “a foot.” The state’s argument that … Continue reading

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D.Mont.: Def’s VA disability rating medical exam wasn’t a violation of the 4A

Defendant received VA benefits for 100% disability. A follow-up visit was required to verify and he failed to show. As a result, it was downgraded to 70% which was a loss of about 3/4ths of his benefits. He was told … Continue reading

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OH1: State had burden to show inventory policy was followed and done in good faith

When the state relies on inventory to justify a search of a car, it has to put on proof that the inventory policy was followed and that it was done in good faith. State v. Beasley, 2019-Ohio-3936, 2019 Ohio App. … Continue reading

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Wired: The Ringification of Suburban Life

Wired: The Ringification of Suburban Life by Louise Matsakis (“Consumer surveillance cameras are everywhere now, and they’re capturing moments we otherwise would never have known happened.”)

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NYTimes: Stormy Daniels Reaches $450,000 Settlement Over 2018 Strip Club Arrest

NYTimes: Stormy Daniels Reaches $450,000 Settlement Over 2018 Strip Club Arrest by Emily S. Rueb (No further comment required.)

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PA: In a MMJ state, the smell of MJ can still be PC

“Over the past several years, nearly half of our Sister States and this Commonwealth have legalized medical marijuana. Some States have also repealed their prohibitions against recreational use; Pennsylvania has not. [¶] In this appeal, John Batista makes the novel … Continue reading

Posted in Probable cause | Comments Off on PA: In a MMJ state, the smell of MJ can still be PC

W.D.Mo.: SW for cell phone includes its SD card, just as a computer SW includes the hard drive

A search warrant for a cell phone includes the SD card in it, just the same as a computer search warrant authorizes the search of the hard drive: “Such reasoning is analogous to the instant matter. For one, a micro … Continue reading

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KS: Words spoken on one’s curtilage heard off the property are not protected by the 4A

Defendant was convicted of violating an order of protection for speaking disparagingly about the other person. She made the comment from her curtilage to her husband but loud enough to be heard across the street where the other person lived. … Continue reading

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OH2: Road rage: Panicked driver’s pointing out car that pointed gun justified stop under Navarette and Long permitted protective search for weapon

“Based upon the informant’s face-to-face, contemporaneous, and panicked report of a startling event (the waving of a gun in the vehicle directly behind Underwood’s cruiser), we conclude that the informant’s tip was reliable. This reliability allowed Underwood ‘to credit the … Continue reading

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LA: Two Rodriguez violations: car searched for weapon without RS then female officer called for a body search

Defendant was detained unreasonably without reasonable suspicion and then her car was searched for a weapon but none was found. Then the detaining officer called for a female officer to conduct a search of her person. “Because reasonable suspicion was … Continue reading

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Courthouse News Service: Judge Blocks ICE From Using Flawed Databases to Detain Immigrants

Courthouse News Service: Judge Blocks ICE From Using Flawed Databases to Detain Immigrants by Jon Parton:

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Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case

Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case by Nick Sibilla:

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