Monthly Archives: January 2020

MA: Def’s frisk during his traffic stop was unjustified and unreasonable

The granting of defendant’s motion to suppress is affirmed. Although the stop of his vehicle was proper, his frisk was improper as was the search of his car which was based on the results of the improper frisk. Defendant’s actions … Continue reading

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S.D.N.Y.: In a 3 page affidavit for SW, showing the crimes under investigation was particular enough

The affidavits for search warrant are only three pages long, and they reference the crimes under investigation on page one or the first paragraph. That is enough here to show particularity. “The Court concludes that the fact that these brief … Continue reading

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EFF: New Bill Would Make Needed Steps Toward Curbing Mass Surveillance

EFF: New Bill Would Make Needed Steps Toward Curbing Mass Surveillance by India McKinney & Andrew Crocker (“The Safeguarding Americans’ Private Records Act is a Strong Bill That Builds on Previous Surveillance Reforms”)

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D.Me.: It wasn’t unreasonable for the officer to delay def’s arrest until they moved to where another officer was for safety

It wasn’t unreasonable for the officer to forgo defendant’s arrest and get him to walk with the officer to the house where another officer was waiting. This was for safety purposes. United States v. Brigley, 2020 U.S. Dist. LEXIS 13938 … Continue reading

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N.D.Ga.: Explicit collective detail of three CIs was probable cause

The explicit collective detail of the three informants was probable cause. United States v. Morelock, 2019 U.S. Dist. LEXIS 225737 (N.D. Ga. Dec. 9, 2019), adopted, 2020 U.S. Dist. LEXIS 12596 (N.D. Ga. Jan. 27, 2020)*:

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CA2: CI’s reliability supported because he also testified under oath before warrant issued

“[The CI’s] reliability is further supported by the fact that he ‘testified under threat of the criminal sanction for perjury,’ and that his eye-witness report of the crime was incredibly detailed.” United States v. Martin, 2020 U.S. App. LEXIS 2738 … Continue reading

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W.D.Mo.: For purposes of entry on an arrest warrant, officers can reasonably believe def had two addresses

“Under the facts of this case, the Court concludes that law enforcement agents had the requisite reasonable belief that Sparks was residing at 6825 Walrond Avenue and/or 5501 Smart Avenue and was present at the addresses at the time of … Continue reading

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CA8: Judge authorizing rubberstamp of signature by clerk after PC for arrest found not 4A violation

“Hamilton’s complaint alleged that Judge Ragland is liable in damages for his unconstitutional actions in allowing [clerk] Overbey to issue arrest warrants and set bonds using his signature stamp, and in setting a schedule requiring cash-only bonds without regard to … Continue reading

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N.D.W.Va.: Traffic stop was valid and led to plain view of drugs on passenger seat

The headings tell us the case: “A. Lieutenant Kennedy had the requisite reasonable, articulable suspicion of unlawful conduct to initiate a traffic stop on Defendant’s vehicle based upon traffic violations and erratic driving consistent with that of an impaired driver.” … Continue reading

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W.D.N.Y.: Def lacked standing in apts he owned and rented to relatives

Defendant lacked standing to contest the search of an apartment building he owned but rented the units out to relatives. The CI, however, puts the defendant in one of the apartments with cocaine and a firearm ten days before the … Continue reading

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ME: Statute requiring blood draw in fatal accident without PC violates 4A; but GFE applied here

Maine’s statute that requires a blood draw of the driver in a fatal or near fatal accident without probable cause violates the Fourth Amendment. Thus, the 2007 case upholding the statute is overruled. It cannot be categorized under the special … Continue reading

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EFF: U.K. Police Will Soon be able to Search Through U.S. Data Without Asking a Judge

EFF: U.K. Police Will Soon be able to Search Through U.S. Data Without Asking a Judge by Joe Mullin:

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