Daily Archives: September 19, 2019

CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different

The defendants observed plaintiff’s actions and they saw probable cause to believe he committed trespass. Therefore, the false arrest claim fails. His excessive force claim, however, survives summary judgment. Using the criminal trial testimony wasn’t particularly helpful or controlling because … Continue reading

Posted in Qualified immunity, Reasonableness | Comments Off on CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different

CA9: Failure to list a cell phone on the inventory sheet doesn’t void its seizure

Defendant’s cell phone was seized from his car when it was impounded after a high speed chase. The fact it was omitted from the inventory sheet does not make its seizure unreasonable. It was ultimately searched with a search warrant. … Continue reading

Posted in Inventory, Stop and frisk | Comments Off on CA9: Failure to list a cell phone on the inventory sheet doesn’t void its seizure

CA6: District Court’s credibility determination underlying consent to search aren’t reviewable

“Second, Harris asserts that the inconsistencies between Gilbert’s and Wilbanks’s testimony undercut the district court’s credibility finding. This is a steep hurdle for Harris because the district court is ‘in the best position to judge credibility’ and we will not … Continue reading

Posted in Consent | Comments Off on CA6: District Court’s credibility determination underlying consent to search aren’t reviewable

NC: Failure to raise legality of arrest in trial court precluded appellate review

Defendant was an anti-abortion protestor with a sound system, and he was detained for a noise violation after officers with a 3M sound meter found him over the sound ordinance limit. He was to be arrested for that and he … Continue reading

Posted in Burden of pleading, Immigration arrests | Comments Off on NC: Failure to raise legality of arrest in trial court precluded appellate review

NC: When two CIs are used, both need to be known and reliable; here, one wasn’t

Defendant raised multiple issues in his motion to suppress that led to a general denial “with some reluctance.” The court of appeals doesn’t find enough in the record to resolve what the court was thinking and vacates and remands for … Continue reading

Posted in Informant hearsay | Comments Off on NC: When two CIs are used, both need to be known and reliable; here, one wasn’t

NC: Recognizing tension between prior cases and Navarette, the court finds this stop the same as Navarette

The NC courts have long recognized detailed anonymous tips as providing reasonable suspicion for a traffic stop, even before Navarette. “However, in light of the State’s argument, we must acknowledge the apparent tension between our prior case law addressing similar … Continue reading

Posted in Reasonable suspicion | Comments Off on NC: Recognizing tension between prior cases and Navarette, the court finds this stop the same as Navarette

FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy

FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy:

Posted in Surveillance technology | Comments Off on FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy

W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

Based on surveillance, officers had a reasonable belief, even probable cause, to believe that defendant was in the house when they came with an arrest warrant. United States v. Burgess, 2019 U.S. Dist. LEXIS 157755 (W.D. Wis. Aug. 12, 2019),* … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Reasonable suspicion | Comments Off on W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

PA directs parties to brief whether Carpenter applies to real time CSLI

Pennsylvania withdraws a CSLI opinion (Commonwealth v. Pacheco, 2019 PA Super 208, 2019 Pa. Super. LEXIS 662 (July 3, 2019)) and directs that the parties brief whether Carpenter applies to real time CSLI. Commonwealth v. Pacheco, 2019 Pa. Super. LEXIS … Continue reading

Posted in Cell site location information | Comments Off on PA directs parties to brief whether Carpenter applies to real time CSLI

Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

The search warrant was sufficiently particular for a computer because it is more difficult to determine what is where in a computer when searching it. It was reasonable to allow a broad search of defendant’s computer to find what was … Continue reading

Posted in Computer and cloud searches, Particularity | Comments Off on Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

TN: Defense counsel’s failure to predict Riley wasn’t IAC

Defense counsel wasn’t ineffective for not raising Riley before it was decided, and the case was tried just before Riley. Once Riley was issued, defense counsel tried to get it into the case by a motion for new trial. Other … Continue reading

Posted in Cell phones, Ineffective assistance, Plain view, feel, smell | Comments Off on TN: Defense counsel’s failure to predict Riley wasn’t IAC

SD: There was reason for def’s stop, but no PC for search of the car

There was reason for defendant’s stop and reasonable suspicion developed from excessive nervousness and a masking agent, but there was no probable cause and exigency for a search of defendant’s car. State v. Terry, 2019 Del. Super. LEXIS 431 (Sept. … Continue reading

Posted in Automobile exception, Probable cause | Comments Off on SD: There was reason for def’s stop, but no PC for search of the car