Daily Archives: December 21, 2019

D.N.M.: Stopping the wrong guy wasn’t unreasonable; there was still probable cause

Stopping the wrong guy wasn’t unreasonable here. “The Court finds that the officers reasonably mistook Defendant for Mr. Pacheco. Defendant not only matched Mr. Pacheco’s description, but the officers also witnessed Defendant leaving an apartment Mr. Pacheco was known to … Continue reading

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E.D.Tenn.: Knock-and-talk wasn’t drawn out to become a seizure at def’s own door; good Franks example

That the knock-and-talk was too long drawn out to turn into a seizure is rejected. The officers testified they smelled marijuana at the door. “The Court finds Defendants’ next two contentions, that the officers’ ability to smell marijuana at the … Continue reading

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N.D.Ga.: Even if SW was not particular enough, it wasn’t so defective or obvious that the GFE should not apply

Even if the search warrant for defendant’s cell phone was overbroad, which isn’t even decided, it was not so overbroad that the good faith exception to the exclusionary should be applied. United States v. Obie, 2019 U.S. Dist. LEXIS 216350 … Continue reading

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MO: Exclusionary rule inapplicable in civil and administrative proceedings

The exclusionary rule does not apply in civil or administrative proceedings. Mo. Landowners Alliance v. Pub. Serv. Comm’n, 2019 Mo. App. LEXIS 1975 (Dec. 17, 2019). There was reasonable suspicion to conduct a weapons search of defendant’s vehicle. The stop … Continue reading

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NYTimes: Police Surveillance Planes to Fly Above Baltimore in 2020

NYTimes: Police Surveillance Planes to Fly Above Baltimore in 2020 by AP (“BALTIMORE — The city of Baltimore will be monitored by surveillance airplanes for up to six months next year under a pilot program announced Friday that is aimed … Continue reading

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