Daily Archives: February 3, 2020

CA4: Unnecessarily shooting ptf’s dog was a 4A seizure

Officer came to scene at plaintiff’s house and parked his car within the running area of a dog on a lease between two trees. The plaintiff came out to get the dog. It barked at the officer. When the dog … Continue reading

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WaPo: A mother briefly lost her newborn after failing a drug test. Her doctor suspects poppy seeds.

WaPo: A mother briefly lost her newborn after failing a drug test. Her doctor suspects poppy seeds. By Michael Brice-Saddler (“Rebecca Hernandez was forced to spend three days apart from her newborn boy as she awaited a confirmatory test, which … Continue reading

Posted in Drug or alcohol testing | Comments Off on WaPo: A mother briefly lost her newborn after failing a drug test. Her doctor suspects poppy seeds.

Maneater: MU assessing new attendance-tracking app this semester

Maneater: MU assessing new attendance-tracking app this semester by Joy Mazur (“Students have raised privacy concerns over more advanced tracking methods.”): MU is now testing SpotterEDU, an app used to track attendance in classrooms. The pilot test taking place during … Continue reading

Posted in Surveillance technology | Comments Off on Maneater: MU assessing new attendance-tracking app this semester

MinnPost: Minnesota Legislature begins considering facial-recognition technology regulations

MinnPost: Minnesota Legislature begins considering facial-recognition technology regulations by Peter Callaghan (“A joint legislative committee has taken the first small steps toward considering what a handful of cities and states around the country have already done — regulating or banning … Continue reading

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IA: Navigable waters belong to the state, no matter who owns the bottom land; stop was based on RS

Defendant claims his stop for boating under the influence wasn’t valid under the Fourth Amendment and Iowa Constitution because the body of water sat over private lands. Navigable waters belong to the state, and the officer had reasonable suspicion to … Continue reading

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D.P.R.: Def’s 2255 claim was based on a fact litigated below and at the trial on the merits; the jury’s determination on credibility can’t be challenged now

In his 2255, defendant claims counsel was ineffective for not moving to suppress on the automobile search or consent search grounds. This was contrary to his defense at trial and the original suppression motion that the officers planted the gun, … Continue reading

Posted in Ineffective assistance, Protective sweep | Comments Off on D.P.R.: Def’s 2255 claim was based on a fact litigated below and at the trial on the merits; the jury’s determination on credibility can’t be challenged now

DE: SW for CSLI in murder case was overbroad as to seizures more than 24 hours after the murder; limited to that time period

The search warrant for defendant’s CSLI was for 4 days before a murder and 2 weeks after. He pleads overbreadth. The warrant is particular as to the subject matter, just the time is excessive. Thus, it does not permit a … Continue reading

Posted in Overbreadth | Comments Off on DE: SW for CSLI in murder case was overbroad as to seizures more than 24 hours after the murder; limited to that time period

E.D.Mich.: Sole 4A question in § 2254 is fair opportunity to litigate, not correctness of result

Even an erroneous Fourth Amendment decision in state court does not overcome the Stone v. Powell bar in a § 2254. The question is the fair opportunity to litigate, not the result. Green v. Nagy, 2020 U.S. Dist. LEXIS 16502 … Continue reading

Posted in Abstention | Comments Off on E.D.Mich.: Sole 4A question in § 2254 is fair opportunity to litigate, not correctness of result

E.D.Pa.: Hiding gun in wheel well of vehicle of another was abandonment; nothing after that has any legal effect

Hiding a gun in the wheel well of someone else’s vehicle to keep it from the police is an abandonment. “Defendant had no reasonable expectation of privacy in the wheel well of someone else’s red Ford parked on a public … Continue reading

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OH2: Putting wrong city of bank robbery in affidavit was mere clerical error that could be overlooked

There was probable cause on the totality of the information provided the issuing magistrate for issuance of a search warrant for bank robber. The error as to the city of the robbery was a mere clerical error that could be … Continue reading

Posted in Burden of proof, Consent, Probation / Parole search, Warrant requirement | Comments Off on OH2: Putting wrong city of bank robbery in affidavit was mere clerical error that could be overlooked

OH2: Def was shot and the SW for his house where it happened included searching for drugs without PC; still it was in good faith

In an investigation of defendant’s shooting, officers obtained a search warrant for his premises and the warrant included search for drugs. The warrant was overbroad, but the court declines to apply the exclusionary rule finding it was in good faith. … Continue reading

Posted in Good faith exception, Overbreadth | Comments Off on OH2: Def was shot and the SW for his house where it happened included searching for drugs without PC; still it was in good faith

KS: Def’s stop when she was unconscious in a car was valid as a public safety stop

Defendant was unconscious in a car slumped over at the wheel at 2 am, unresponsive to a spotlight on her. This was valid as a public safety stop. State v. McKenna, 2020 Kan. App. LEXIS 7 (Jan. 31, 2020). “A … Continue reading

Posted in Community caretaking function, Immigration checkpoints, Ineffective assistance | Comments Off on KS: Def’s stop when she was unconscious in a car was valid as a public safety stop