Monthly Archives: April 2020

CA9: Protective sweep of house after medical emergency at front door unjustified

Officers responded to a medical emergency at the entryway of defendant’s house. They ended up conducting a protective sweep for which there was no justification whatsoever. The firearm found in the protective sweep is suppressed. United States v. Gonzalez-Martin, 2020 … Continue reading

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GA: Arrest for sex offense wasn’t PC to believe digital storage device on person had evidence; SW suppressed

Defendant was arrested for aggravated child molestation and aggravated sodomy, and he had a digital storage device on him. Police sought a search warrant for the storage device, but the affidavit failed to show any probable cause to believe evidence … Continue reading

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CA8: Extraditee stated Bell v. Wolfish due process claim from injury and degradation from 8 day transportation that should have taken about 17 hours

Plaintiff was an extraditee transported from Colorado to Mississippi, a 17 hour trip, that took eight days and resulted in real injury and degradation from lack of stops and rest. Plaintiff sued in the Eastern District of California, but it … Continue reading

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CA8: District court’s findings of voluntary consent supported by record despite language barrier and defense language expert

Despite a language barrier and a Spanish-language expert saying the officer’s request was ambiguous, the district court found that defendant consented to a search of his luggage. That finding is not clearly erroneous, even considering all the record. The officer … Continue reading

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AR: Drug dog at scene while warning ticket being written didn’t extend stop

This dog sniff did not extend the stop where the dog arrived while the warning ticket was being written. Mickens v. State, 2020 Ark. App. 280, 2020 Ark. App. LEXIS 307 (Apr. 29, 2020). The blood draw of the unconscious … Continue reading

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CO: SW for everything on cell phone was general warrant in violation of 4A

The search warrant for defendant’s cell phone had a particular list of files sought, but it still was effectively a general warrant in violation of the Fourth Amendment because it sought virtually everything on the cell phone without regard to … Continue reading

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Tampa Bay Times: Lawmakers warn coronavirus contact-tracing is ripe for abusive surveillance

Tampa Bay Times: Lawmakers warn coronavirus contact-tracing is ripe for abusive surveillance by Tribune News Service (“But as tech firms lay the foundation for a potentially massive digital contact-tracing infrastructure, Washington is grappling with whether such technology can work without … Continue reading

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Law.com: Analysis: Seventh and Ninth Circuits Decide Important ‘Heck’ Issues

Law.com: Analysis: Seventh and Ninth Circuits Decide Important ‘Heck’ Issues by Martin A. Schwartz (“The Supreme Court in ‘Heck’ held that a §1983 constitutional claim that ‘necessarily’ implies the invalidity of the plaintiff’s conviction is not ‘cognizable’ unless the conviction … Continue reading

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Law360: How Virus Surveillance And Civil Liberties Could Collide

Law360: How Virus Surveillance And Civil Liberties Could Collide by RJ Vogt:

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Cato@liberty: Supreme Court Will Soon Decide Whether To Reconsider Qualified Immunity

Cato@liberty: Supreme Court Will Soon Decide Whether To Reconsider Qualified Immunity by Jay Schweikert:

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Sioux Falls Argus Leader: Judge: Forced catheterizations by South Dakota law enforcement violated Constitution

Sioux Falls Argus Leader: Judge: Forced catheterizations by South Dakota law enforcement violated Constitution by Jonathan Ellis (“South Dakota law enforcement’s practice of using forced catheterizations to obtain urine samples from suspects violates the U.S. Constitution, a federal judge has … Continue reading

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We’re back, somewhat

After three weeks of recovery, I’m going to get started on getting caught up. Three weeks behind is hundreds of cases I have to screen. It will be six weeks getting caught up, probably. So, basic cases that won’t be … Continue reading

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Update on author

The author has been out due to illness (not COVID-19 related!), and will begin updating this site again next week. It was to be two days in hospital, but will end up being 11-12.

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EFF: Thermal Imaging Cameras are Still Dangerous Dragnet Surveillance Cameras

EFF: Thermal Imaging Cameras are Still Dangerous Dragnet Surveillance Cameras by Matthew Guariglia and Cooper Quintin (“As governments around the world continue to seek solutions to prevent the spread of COVID-19, companies are eager to sell their technology as a … Continue reading

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CA10: Criminal history checks may be run in any stop under Rodriguez

Criminal history checks are reasonable under any traffic stop because they negligibly extend the stop. This court held that en banc in 2001 in a case relied upon in Rodriguez. Other circuits are in accord. United States v. Mayville, 2020 … Continue reading

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Two on waiver for untimeliness

Pro se defendant making a motion to suppress during trial was waiver. He talked about it with his former attorney and waited until the government offered it into evidence. United States v. Young, 2020 U.S. App. LEXIS 10820 (7th Cir. … Continue reading

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