Daily Archives: January 1, 2020

Fox SLC: Police could be banned from accessing home DNA test data under a bill in the Utah legislature

Fox SLC: Police could be banned from accessing home DNA test data under a bill in the Utah legislature by Ben Winslow

Posted in DNA | Comments Off on Fox SLC: Police could be banned from accessing home DNA test data under a bill in the Utah legislature

CA6: Without RS, two officers get no QI, but another acting at their request does

Three officers were involved in defendant’s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, … Continue reading

Posted in § 1983 / Bivens, Collective knowledge, Dog sniff | Comments Off on CA6: Without RS, two officers get no QI, but another acting at their request does

WaPo: ‘I killed Jennifer’: Doorbell camera captures a man confessing to his sister’s stabbing, police say

WaPo: ‘I killed Jennifer’: Doorbell camera captures a man confessing to his sister’s stabbing, police say by Brittany Shammas (“Michael Egwuagu was arrested on a murder charge — a stunning turn for the once-standout college football player.”)

Posted in Surveillance technology | Comments Off on WaPo: ‘I killed Jennifer’: Doorbell camera captures a man confessing to his sister’s stabbing, police say

CA9: Immigration arrest valid on “reason to believe” this person was an alien illegally in the U.S.

BIA petitioner’s rights were not violated because she can’t show her arrest was an egregious violation of the Fourth Amendment. “The fact that agents detained and arrested Echeverria without first establishing her identity and alienage is of no moment. All … Continue reading

Posted in Automobile exception, Immigration arrests, Plain view, feel, smell | Comments Off on CA9: Immigration arrest valid on “reason to believe” this person was an alien illegally in the U.S.

CA11: No Heck bar for § 1983 false arrest claim over dismissed criminal count

The district court erred in dismissing plaintiff’s § 1983 false arrest claim against the deputy on Heck grounds because Heck did not apply–the charge that formed the basis for his § 1983 claim was dismissed, and his § 1983 suit … Continue reading

Posted in § 1983 / Bivens, Abstention | Comments Off on CA11: No Heck bar for § 1983 false arrest claim over dismissed criminal count

E.D.Ark.: Def’s parole search permitted at his mother’s house while he was visiting there; no REP

Defendant claims in his 2255 that, while he was on parole with a search waiver on file, he was searched at his mother’s house and not at his listed address, and his counsel was ineffective for not challenging it. He … Continue reading

Posted in Arrest or entry on arrest, Probation / Parole search, Reasonableness | Comments Off on E.D.Ark.: Def’s parole search permitted at his mother’s house while he was visiting there; no REP

Pacific Legal Foundation: With 5G arriving, the Supreme Court needs to rule on what digital privacy means

Pacific Legal Foundation: With 5G arriving, the Supreme Court needs to rule on what digital privacy means by Daniel Woislaw:

Posted in Digital privacy | Comments Off on Pacific Legal Foundation: With 5G arriving, the Supreme Court needs to rule on what digital privacy means

FL5: State doesn’t get GFE on Birchfield where it came down day before def’s stop

Birchfield came down day before defendant’s arrest, and good faith exception isn’t applied. “Although it is understandable that a police officer might be unaware of the holding of a controlling court opinion within a day or two of its issuance, … Continue reading

Posted in Curtilage, Drug or alcohol testing, Plain view, feel, smell | Comments Off on FL5: State doesn’t get GFE on Birchfield where it came down day before def’s stop

IN: Bulging pockets on motorcyclist’s vest was safety concern for officer after passenger fled

Defendant’s frisk was reasonable. His motorcycle was stopped, and his female passenger fled. He was wearing a vest with bulging pockets. Although he didn’t run, the officer who remained with him was concerned about his pockets “bulging” and his potentially … Continue reading

Posted in Reasonable suspicion | Comments Off on IN: Bulging pockets on motorcyclist’s vest was safety concern for officer after passenger fled