Daily Archives: January 12, 2020

KS: Def’s actions after the police entry and signing the consent form clearly show voluntariness

“We note, however, that Daino’s acts after the officers entered his residence confirm, instead of refute, his intent to consent to their entry. Daino never protested the officers’ presence. Instead, he later opened a safe for the officers, agreed officers … Continue reading

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CA7: Handcuffing winded obese man behind his back led to death because of unknown heart condition; not excessive force

Plaintiff’s decedent was in a foot chase with officers after a shoplifting incident. He was winded, obese, and, unknown to officers, had a heart condition. He was handcuffed behind his back and died from lack of oxygen in his blood. … Continue reading

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D.Me.: State bail condition that def submit to searches permitted this search

Defendant’s state court bail condition included that he submit to reasonable searches of his person and place at anytime. There’s no showing that he didn’t understand the condition. United States v. Kissh, 2020 U.S. Dist. LEXIS 3767 (D. Me. Jan. … Continue reading

Posted in Exclusionary rule, Reasonableness | Comments Off on D.Me.: State bail condition that def submit to searches permitted this search

WaPo: You need a good reason to curb privacy. None exists for collecting DNA at the border.

WaPo: Editorial Board: You need a good reason to curb privacy. None exists for collecting DNA at the border. NEWS THIS MONTH that the U.S. government would start collecting DNA from people detained at the border seemed to sketch out … Continue reading

Posted in Body searches, DNA | Comments Off on WaPo: You need a good reason to curb privacy. None exists for collecting DNA at the border.

D.Nev.: Def’s motion to join codef’s motion to suppress requires showing of REP in joinder motion

Defendant’s motion to join a codefendant’s motion to suppress requires a showing of his reasonable expectation of privacy in the joinder motion. United States v. Palafox, 2020 U.S. Dist. LEXIS 3698 (D. Nev. Jan. 7, 2020). “[T]he affidavit includes facts … Continue reading

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D.N.M.: Govt fails in burden of showing consent. Was “yes” acknowledgement of statement to def or assent to search?

The government fails in its burden to show consent to a patdown of defendant’s person. There was a language barrier, and previous questions and statements were translated, but this one wasn’t. “Even though that defendant said ‘yes’ in response to … Continue reading

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S.D.Ohio: Lack of factual basis for stop deprives state of Heien mistake of law argument

The video from the patrol car doesn’t support the officer’s claim that defendant didn’t properly stop at a stop sign that that was the basis for the stop. The court doesn’t find Heien applies because this isn’t a mistake of … Continue reading

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