Daily Archives: September 12, 2019

S.D.N.Y.: Army CID did not violate Posse Comitatus Act by watching CP investigation at West Point

A West Point cadet was the target of a child pornography investigation. HSI investigated it, and the Army CID didn’t violate the Posse Comitatus Act in being there but not doing anything. Hester v. United States, 2019 U.S. Dist. LEXIS … Continue reading

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PCMag: ICE Buys Smartphone Hacking Tech From Cellebrite

PCMag: ICE Buys Smartphone Hacking Tech From Cellebrite by Michael Kan (“Cellebrite is best known for helping governments access data on locked cell phones. In June, ICE awarded it a contract worth up to $35 million, according to a federal … Continue reading

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D.N.M.: Controlled buys that led to SW come in through 404(b) or res gestae

Under 404(b), the officers will be permitted to testify at trial to controlled buys that led to the search warrant. United States v. Martinez, 2019 U.S. Dist. LEXIS 154066 (D. N.M. Sept. 10, 2019). Defendants were stopped for speeding, and … Continue reading

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C.D.Ill.: RS based in part on officer’s knowledge of diversionary insuring after purchase of car

The stop was for a traffic offense with probable cause. After a few questions, reasonable suspicion developed; United States v. Cole, 2019 U.S. Dist. LEXIS 154134 (C.D. Ill. Sept. 10, 2019); and it’s detailed and based in part on the … Continue reading

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MA: Hearings on criminal complaints don’t have to be open, but the record has to be later

The Massachusetts court previously held that hearings on the issuance of criminal complaints are not presumptively public. A particular hearing was requested after the fact. The court holds that the issuing court must electronically record all such hearings and consider, … Continue reading

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MA: Trial court erred in ordering cell phone purged of potential evidence as a condition of returning it after it was suppressed

Defendant succeeded in suppressing his cell phone, and the trial court erred in ordering defendant’s phone erased of the evidence suppressed before returning it. It was his property. Commonwealth v. Salmons, 2019 Mass. App. LEXIS 119 (Sept. 11, 2019):

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WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers by Tim Prudente:

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WaPo: California could become the largest state to ban facial recognition in body cameras

WaPo: California could become the largest state to ban facial recognition in body cameras by Reis Thebault:

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TX remands blood draw from unconscious motorist under Mitchell v. Wisconsin

“Appellee was charged with felony driving while intoxicated after the State took a blood sample from him without a warrant and while he was unconscious. The trial court granted his motion to suppress his blood test results, and the court … Continue reading

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IL: Mere presence in a high crime area isn’t RS; action required, too

Mere presence in a Chicago high crime neighborhood is not reasonable suspicion. Otherwise, every resident of the neighborhood would be stopped. It requires some suspicious action as well. People v. Salgado, 2019 IL App (1st) 171377, 2019 Ill. App. LEXIS … Continue reading

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The Federalist: DOJ Lawsuit Demands Names Of All People Who Use This App For Their Gun

The Federalist: DOJ Lawsuit Demands Names Of All People Who Use This App For Their Gun by Kyle Sammin:

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CA7: Former police officer stated 4A malicious prosecution claim for false and misleading information in arrest and SW

Plaintiff stated a Fourth Amendment (not called malicious prosecution) for false statements and omissions in support of his arrest and search warrant where the alleged probable cause was thin to begin with. He was tried three times, reversed twice, and … Continue reading

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