Monthly Archives: December 2019

Reason: Missouri Cops Used Federal Loophole To Seize $2.6 Million From Drivers Who They Never Charged With Crimes

Reason: Missouri Cops Used Federal Loophole To Seize $2.6 Million From Drivers Who They Never Charged With Crimes by Zuri Davis (“St. Charles County law enforcement used shady practices to seize motorists’ assets without convictions.”)

Posted in Forfeiture | Comments Off on Reason: Missouri Cops Used Federal Loophole To Seize $2.6 Million From Drivers Who They Never Charged With Crimes

WBUR: How California’s New Privacy Law Could Change The Internet

WBUR: How California’s New Privacy Law Could Change The Internet (“This week, on Jan. 1, the California Consumer Privacy Act takes effect, requiring tech companies to disclose what data they collect on their users and what they’re doing with it.”)

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WaPo: Police used a stun gun on a grandmother three times after she wouldn’t let them enter her home

WaPo: Police used a stun gun on a grandmother three times after she wouldn’t let them enter her home by Lateshia Beachum (“She is facing two felony charges of resisting arrest and battery on an officer after an interaction with … Continue reading

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D.Nev.: Govt’s post hoc justification for vehicle search as inventory fails for lack of proof

Attempted inventory suppressed. The government’s proposed community caretaking claim that the neighborhood was high crime meant that they couldn’t leave the car for fear of vandalism isn’t supported by the proof under circuit precedent. It was a post hoc rationalization. … Continue reading

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IL: Def had done nothing wrong; RS could not be based on reaching for pocket when officer asked for DL

Defendant’s patdown was not justified by reasonable suspicion because defendant was a random person at a gas pump, he answered the officer’s questions, did not try to flee, and reached for his pocket as the officer asked for his driver’s … Continue reading

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D.N.J.: Report of partricularly described man waving pink semi-auto justified stopping def getting on bus

A “concerned citizen’s” report of a particularly described man waving a pink semi-auto handgun was given to an officer on patrol who drove up the street and found defendant minutes later. The officer approached defendant to keep him from getting … Continue reading

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N.D.Ga.: A criminal history check can be run under Rodriguez, particularly where no DL on person

Defendant was stopped driving a moped without a helmet, and he was found not to have a license. “The officers also had the right [under Rodriguez] to check McIntosh’s criminal history during the stop, which included discovery in ISIS that … Continue reading

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IL: PC for arrest can arise from being with somebody else apparently committing a crime

Probable cause for arrest can arise just from defendant’s connection and close association with others. Here, others were arrested for passing counterfeit bills, and defendant arrived in the same car. People v. Braswell, 2019 IL App (1st) 172810, 2019 Ill. … Continue reading

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N.D.Iowa: Def sought Franks hearing but got a separate suppression hearing which led to his losing on merits of Franks claim

Defendant got a suppression hearing, but not yet a Franks hearing. The USMJ was “on the fence” about whether a Franks hearing was required. Ultimately the findings of fact and conclusions of law supported a lack of materiality on the … Continue reading

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FL2: Standing aside when answering door for police as to whether someone is inside is consent to entry by action

When police are at the door and ask for a person, and the person answering the door steps aside, it is apparent authority to enter that the wanted person is inside. State v. Smith, 2019 Fla. App. LEXIS 19116 (Fla. … Continue reading

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D.Md.: Conviction at trial despite reversal on appeal forecloses § 1983 false arrest case

Plaintiff was charged with OVI and was convicted at trial. On appeal to the next level he was found not guilty of that but convicted of evading an interlock device. He sued over the OVI arrest, and it is dismissed … Continue reading

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NY2: Pawnbrokers are “pervasively regulated” under 4A

Pawnbrokers are “pervasively regulated” for consumer protection. City of Los Angeles v. Patel is way different because that industry was not so regulated. Collateral Loanbrokers Assn. of N.Y., Inc. v City of New York, 2019 NY Slip Op 09354, 2019 … Continue reading

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CA3: Consent to search car moots possible mistake of fact motion to suppress

Defendant’s consent to a search of his car after a traffic stop moots the issue that the stop was based on a mistake of fact. United States v. Prado, 2019 U.S. App. LEXIS 38445 (3d Cir. Dec. 24, 2019).* Facebook’s … Continue reading

Posted in Consent, Reasonableness, Social media warrants | Comments Off on CA3: Consent to search car moots possible mistake of fact motion to suppress

BuzzFeed: The Rise — And Rise — Of Mass Surveillance

BuzzFeed: The Rise — And Rise — Of Mass Surveillance by Megha Rajagopalan (“Eavesdropping bureaucrats have been replaced by algorithm-driven facial recognition technology. But the real impact of indiscriminate surveillance may be in our minds.”)

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EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v. U.S.: Year in Review 2019

EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v US: Year in Review 2019 by Jennifer Lynch (“In the year and a half since the Supreme Court’s ruling, Carpenter has been cited in more than … Continue reading

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W.D.Mo.: How one USDJ views R&Rs in a 4A case; also, using social worker entry as pretext wasn’t unreasonable

“It may be worth commenting that the deputies may have subjectively used the social worker visit to pursue their interest in the reported firearm and drug violations — to the extent possible — just as traffic violations are often used … Continue reading

Posted in Pretext, Standards of review | Comments Off on W.D.Mo.: How one USDJ views R&Rs in a 4A case; also, using social worker entry as pretext wasn’t unreasonable