Daily Archives: February 5, 2020

CA11: 4A claims not cognizable for successor habeas

Petitioner’s Fourth Amendment claims can’t be the basis for a successor habeas because none of the statutory grounds are available here. In re Hammond, 2020 U.S. App. LEXIS 3419 (11th Cir. Feb. 4, 2020):

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Boston Globe: Editorial: Facial-recognition tech may have value, but real-time surveillance goes too far

Boston Globe: Editorial: Facial-recognition tech may have value, but real-time surveillance goes too far (“Software that identifies people in videos could create a privacy nightmare. A patchwork of city bans won’t prevent it.”)

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Vice: Michigan Cops Seized This Woman’s Car After Her Then-Boyfriend Allegedly Picked Up a Prostitute

Vice: Michigan Cops Seized This Woman’s Car After Her Then-Boyfriend Allegedly Picked Up a Prostitute by Emma Ockerman (“She was never accused of a crime and went bankrupt paying the fines to get her car back.”)

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Vox: Why we don’t know as much as we should about police surveillance technology

Vox: Why we don’t know as much as we should about police surveillance technology by Rebecca Heilweil (“Despite a growing number of high-tech tools, law enforcement agencies don’t seem to want to disclose what they’re using.”)

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S.D.Ga.: When the R&R has two bases, objections have to go to both

The R&R determined that there was no “search” for Fourth Amendment purposes, and if there was, it was reasonable. On review by the USDJ, the failure to challenge the “no search” holding isn’t a proper objection. United States v. Oury, … Continue reading

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MO: Def’s stop became a seizure with RS and search of backpack was without PC

Defendant was stopped walking with another to a hotel in Columbia, Missouri by an officer pulling up behind them and turning on the patrol car’s emergency lights. Back up arrived, and defendant and his companion were told to put the … Continue reading

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CO: State can assert new grounds to support search after remand

After a remand, the state is free to raise new grounds to support the search. People v. Tallent, 2020 COA 14, 2020 Colo. App. LEXIS 127 (Jan. 30, 2020). “A bare assertion of authorization from a third party along with … Continue reading

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IL: Truck inspection search was with RS from suspect log book and wrong seal and locks on cargo door

The truck inspection officer here had reasonable suspicion because the log book looked like it was false, there was an unnecessary private seal on the trailer, and the lock was on the wrong door meaning the load wasn’t protected. Two … Continue reading

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E.D.Ky.: Def’s felony drug arrest after a patdown on RS of fleeing justified search of his car

Defendant was being watched by police, and he was being followed and ran a stop sign. In the stop, the officer told defendant to roll down his window and turn off the car. He rolled the window part way down … Continue reading

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CA6: Probation search justified by two drug arrests and posting $125k bond with no job

Defendant’s probation search condition permitted the search here, and officers had reason: He was arrested twice for drug offenses and posted $125,000 in bond despite having no apparent source of income. United States v. Tucker, 2020 U.S. App. LEXIS 3264 … Continue reading

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WY: Plain error does not apply to unargued points in motion to suppress; however, IAC shown on lack of RS to extend stop

Plain error does not apply to any search issue not preserved below. In an IAC claim, defendant showed, even with this limited record, the likelihood that he could have prevailed in a motion to suppress for lack of reasonable suspicion … Continue reading

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OR: Automobile exception still applies; availability of telephonic warrants doesn’t obviate it

Oregon passes on an invitation to impose a warrant requirement on all vehicle searches just because telephonic warrants should make them required in every case. The automobile exception applies, and the state did not have to show the realistic probability … Continue reading

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