Daily Archives: January 17, 2020

NJ: State failed to show exigency for warrantless phone records search

Under New Jersey statute and constitution, cell phone records and CSLI required a showing of probable cause and a court order since 2010. Exigent circumstances were a recognized exception, and the state failed to show exigency here. State v. Manning, … Continue reading

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D.Minn.: The unusually talkative have no special right to be Mirandized

“Because the officers knew that he had a tendency to talk about the case, Williams-Bey argues, Officer Roddy should have given him his Miranda warnings, rather than entertaining his question. Again, Williams-Bey provides no legal authority to support this contention.” … Continue reading

Posted in Custody, Ineffective assistance, Probable cause | Comments Off on D.Minn.: The unusually talkative have no special right to be Mirandized

AL applies GFE to CSLI 2½ years before Carpenter

CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading

Posted in Cell site location information, Good faith exception, Probable cause, Protective sweep | Comments Off on AL applies GFE to CSLI 2½ years before Carpenter

CT: No REP in jail letter to def’s mother with admission

Defendant’s Fourth Amendment rights weren’t violated by corrections officers copying a letter to his mother with an admission then turning it over to law enforcement officers. He had no privacy interest in his mail that society would recognize. The claim … Continue reading

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D.Utah: Defendant in prior dismissed federal action by state consumer protection agency refiled in state court won’t prevent state from using evidence obtained for that action

The state sued in federal court for relief, and it got a TRO, but the claim was later dismissed. Copies of records were made and originals returned. After the state sued in state court, the defendants sought application of the … Continue reading

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WTOP: DC police officers say raising serious concerns led to retaliation

WTOP: DC police officers say raising serious concerns led to retaliation by Mike Murillo:

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Miami Herald: From above, Miami-Dade police drone recorded crack cocaine sale live. It’s a first, cops say

Miami Herald: From above, Miami-Dade police drone recorded crack cocaine sale live. It’s a first, cops say by David Ovalle:

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NPR: Decrypting The Decryption Dilemma

NPR: Decrypting The Decryption Dilemma (1A, one hour, “Should the government be able to access the locked phones of convicted or accused criminals? That issue has cropped up again after the FBI asked Apple to provide data on two iPhones … Continue reading

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WaPo: The DEA seized her father’s life savings at an airport without alleging any crime occurred, lawsuit says

WaPo: The DEA seized her father’s life savings at an airport without alleging any crime occurred, lawsuit says by Justin Jouvenal (“Brown said she was never told she or her father were under suspicion of committing any crime and neither … Continue reading

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CNN: Two former Houston police officers indicted after botched raid that killed two people [they lied to get no-knock]

CNN: Two former Houston police officers indicted after botched raid that killed two people by Konstantin Toropin:

Posted in Franks doctrine, Police misconduct | Comments Off on CNN: Two former Houston police officers indicted after botched raid that killed two people [they lied to get no-knock]

Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It?

Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It? by Jacob Sullum The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.

Posted in Qualified immunity, Scope of search | Comments Off on Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It?