Daily Archives: February 4, 2020

MA: Where passenger can drive car away and avoid impoundment, inventory is “reasonably necessary”

When a passenger can drive the vehicle away, the police cannot impound it because impoundment isn’t “reasonably necessary.” Commonwealth v. Goncalves-Mendez, 2020 Mass. LEXIS 65 (Feb. 3, 2020). A supervisory writ doesn’t lie to attempt to appeal denial of a … Continue reading

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Cal.: Mid-trial objection to question based on lack of PC for search was untimely objection to the search

A mid-trial objection to evidence on the ground there was no probable cause for the police action in the search was untimely. It can only be brought during trial if the facts weren’t known until then, and that’s not what … Continue reading

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E.D.Mich.: Despite MMJ law, def rolling a joint when stopped could have his car searched

When defendant was stopped, he was seen rolling a joint. Despite the medical marijuana law, the officer could search the car for more because it was still a violation of federal law. United States v. Hinds, 2020 U.S. Dist. LEXIS … Continue reading

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CA9: Officers didn’t use excessive force in wrestling with and handcuffing strong woman having psychotic eposide

Plaintiff’s decedent was a large and strong woman who had an apparent psychotic break and six officers were trying to control her. She stopped breathing and died. Nothing contradicts the officer’s accounts of what happened. The police were called in … Continue reading

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CA9: Juvenile detainee’s sexual harassment by guard stated a 14A claim; 4A not raised, and it likely could have been

Sexual harassment of a juvenile detainee stated a violation of the inmate’s right to privacy and bodily integrity under the Fourteenth Amendment. (A Fourth Amendment claim was not raised which the court notes could have been. n.6, below.) Vazquez v. … Continue reading

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WGN: Florida troopers find narcotics in bag labeled ‘Bag Full of Drugs’

WGN: Florida troopers find narcotics in bag labeled ‘Bag Full of Drugs’ (“The Florida Highway Patrol arrested two men suspected of drug trafficking after troopers pulled them over and found drugs in a bag labeled ‘Bag Full of Drugs.’ The … Continue reading

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techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers

techdirt: Court Order Shows DEA Demanding Tons Of Data From WhatsApp And Bunch Of Other Service Providers by Tim Cushing:

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Chicago Sun Times: CPD using controversial facial recognition program that scans billions of photos from Facebook, other sites

Chicago Sun Times: CPD using controversial facial recognition program that scans billions of photos from Facebook, other sites by Tom Schuba (“Critics say Clearview AI’s software is an invasive overreach because it grabs the photos without the consent of those … Continue reading

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Axios: Ancestry.com refused court request to give police DNA database access

Axios: Ancestry.com refused court request to give police DNA database access by Rebecca Falconer (“Ancestry.com refused to comply with a search warrant pushed by a Pennsylvania court for police to gain access to its database of about 16 million DNA … Continue reading

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Law.com: Analysis: Reopening Suppression Hearings: The Trilogy Is Complete

Law.com: Analysis: Reopening Suppression Hearings: The Trilogy Is Complete (“In his Criminal Law and Procedure column, Barry Kamins discusses a recent decision, ‘People v. Cook’, which is the last of a trilogy of decisions that began over 40 years ago, … Continue reading

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PA: A command to roll down the window with an officer on each side of the car is an investigative detention

Defendant’s stop and one officer on each side and a command to roll down the window tells him that he’s required to talk to the officer. That’s an investigative detention. Commonwealth v. Powell, 2020 Pa. Super. LEXIS 67 (Feb. 3, … Continue reading

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CA9: Ptf’s shooting for a slow speed chase where all traffic laws were obeyed stated § 1983 claim and no QI

Plaintiff was attempted to be stopped by Tacoma police for driving without headlights on. Plaintiff didn’t have his DL on him, and he’d recently smoked crack. Therefore, he drove home at normal speeds and obeyed all stop signs and traffic … Continue reading

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