Daily Archives: February 15, 2020

NY: Charging document for charge of attempting to avoid execution of a SW was defective for not pleading it

Defendant was charged with obstruction for backing away from officers attempting to search his car with a warrant. The charging document lacked a specific statement of that and should have been dismissed. People v. Wheeler, 2020 NY Slip Op 00998, … Continue reading

Posted in Inventory, Probable cause | Comments Off on NY: Charging document for charge of attempting to avoid execution of a SW was defective for not pleading it

MA: “Observing” a controlled buy from outside an apartment building is not corroboration of the CI

“Observing” a controlled buy from outside an apartment building is not corroboration of the informant under the state constitution. They didn’t see what apartment was involved. Commonwealth v. Ponte, 2020 Mass. App. LEXIS 16 (Feb. 13, 2020). The area surveillance … Continue reading

Posted in Informant hearsay, Protective sweep | Comments Off on MA: “Observing” a controlled buy from outside an apartment building is not corroboration of the CI

CA5: 4A claim first raised in reply brief on appeal is waived

“Cordova has forfeited his stand-alone Fourth Amendment claim by raising it for the first time in his reply brief.” And it would have to be reviewed for plain error, which it’s not. United States v. Cordova, 2020 U.S. App. LEXIS … Continue reading

Posted in Uncategorized | Comments Off on CA5: 4A claim first raised in reply brief on appeal is waived

D.Me.: Govt failed to prove frisk was for safety reasons; it was really a search for drugs without RS

The officers didn’t testify to a safety reason for a frisk, and the dashcam video did not support it either. Moreover, this was not a frisk for weapons; it was a search for drugs and it was without reasonable suspicion. … Continue reading

Posted in Stop and frisk | Comments Off on D.Me.: Govt failed to prove frisk was for safety reasons; it was really a search for drugs without RS

NYTimes: Activate This ‘Bracelet of Silence,’ and Alexa Can’t Eavesdrop

NYTimes: Activate This ‘Bracelet of Silence,’ and Alexa Can’t Eavesdrop by Nathaniel Hill (“Microphones and cameras lurk everywhere. You may want to slip on some privacy armor.”)

Posted in Surveillance technology | Comments Off on NYTimes: Activate This ‘Bracelet of Silence,’ and Alexa Can’t Eavesdrop

PA: Robber had no REP in proof of his wifi connection on property of another when committing the robbery

Defendant was accused of a 2 am robbery and assault in a dorm on the Moravian College campus in Bethlehem, Pennsylvania. Campus police checked the wifi connections and found three at 2 am that were not residents of the dorm. … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on PA: Robber had no REP in proof of his wifi connection on property of another when committing the robbery

CA9: Unobjected to supervised release search condition was reasonable

Defendant’s supervised release unobjected to search condition is reviewed for plain error and found reasonable from his criminal history. United States v. Oseguera, 2020 U.S. App. LEXIS 4350 (9th Cir. Feb. 10, 2020).* Giving deference to the state court affidavit … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off on CA9: Unobjected to supervised release search condition was reasonable

SC: Def’s encounter with police after getting off bus was consensual and led to a valid frisk

Defendant rode a “Chinese bus line,” a bus that runs from NYC’s Chinatown and doesn’t stop at traditional bus stations. The police know that criminals ride this bus to avoid scrutiny. In Charleston, police were waiting and one person with … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off on SC: Def’s encounter with police after getting off bus was consensual and led to a valid frisk

Guardian: No, Clearview AI’s creepy plan to spy on us is not ‘free speech’

Guardian: No, Clearview AI’s creepy plan to spy on us is not ‘free speech’ by Jake Laperruque

Posted in Surveillance technology | Comments Off on Guardian: No, Clearview AI’s creepy plan to spy on us is not ‘free speech’

N.D.Cal.: Smell of raw MJ from passenger compartment wasn’t RS in California

The stop was justified by a lane change violation on Lombard Street in San Francisco, but the continuation of the stop lacked any reasonable suspicion. Defendant was driving a rental car that had been loaned to the passenger whose mother … Continue reading

Posted in Reasonable suspicion | Comments Off on N.D.Cal.: Smell of raw MJ from passenger compartment wasn’t RS in California