Monthly Archives: July 2020

TX1: SW to seize blood sample implicitly means it can be tested, too

A search warrant for a blood sample implicitly includes testing it. Davis v. State, 2020 Tex. App. LEXIS 5990 (Tex. App. – Houston (1st Dist.) July 30, 2020). Probable cause existed for seizure of five years of defendant’s Gmail account. … Continue reading

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SC: Unzipped pants in traffic stop contributed to RS

“Because we must evaluate the trial court’s findings for clear error, we reluctantly conclude evidence supported the trial court’s finding the officer had reasonable suspicion to extend the stop.” Partly from unzipped pants which suggests to the officer hiding drugs … Continue reading

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CA10: Shooting of decedent when he raised a gun at his arrest appears justified

When officers, including the SWAT team, came to arrest the decedent, he had a gun in hand and raised it. He was already known to be potentially violent, and the shooting was reasonable under the circumstances. Estate of Valverde v. … Continue reading

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D.Mont.: Failure to keep patrol car camera “serviceable” doesn’t bear on RS

“Finally, Imhoff argues that Trooper Fetterhoff violated the Montana Highway Patrol’s code of conduct by failing to keep his interior camera “serviceable.” … Again, even assuming that Fetterhoff violated policy, any such violation would not bear on the sole relevant … Continue reading

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FoxNews: Google CEO says tech giant deletes this information used by police

FoxNews: Google CEO says tech giant deletes this information used by police by Brooke Brothers (“Google now sets a time limit on data used by police for tracking suspects, the CEO said at Wednesday’s congressional hearing with tech giants. The … Continue reading

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The Oklahoman: Portable x-ray for traffic stops

The Oklahoman: McClain County sheriff’s new device seeks contraband by Randy Ellis (“The McClain County Sheriff’s Office has new technology to use in its war on drugs and other crime — a hand-held X-ray device. The sophisticated technology can see … Continue reading

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MI: Flint water crisis case states claim for due process violation of bodily integrity

The suit over the City of Flint water crisis stated a claim, inter alia, for a due process violation of bodily integrity. Mays v. Snyder, 2020 Mich. LEXIS 1351 (July 29, 2020) (plurality). The A.F. Ct. Crim. App. erred in … Continue reading

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E.D.Va.: Amazon gets TRO and PI in civil RICO case based on same allegations for SW a contractor was seeking kickbacks

The FBI conducted a raid of an Amazon contractor in Northern Virginia for kickbacks. Amazon sought a TRO and preliminary injunction against the defendants seeking to prevent spoliation of evidence after the target told alleged confederates of the raid by … Continue reading

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N.D.Ind.: Sound of a gun hitting the sidewalk was a factor in RS

Shots-fired call led to defendant’s patdown with reasonable suspicion, and it produced ammunition and a holster. “It was after dark, there were reports of gunshots, and in the immediate aftermath of those, there was a likelihood that an emergency was … Continue reading

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MD: Officer had RS and consent for patdown

The officer had reasonable suspicion but he asked for consent to search defendant’s person for a weapon, which he granted. It was consensual on the totality. Defendant didn’t make a state constitutional argument in the trial court but did on … Continue reading

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CA10: Factual basis for trial for unreasonable use of deadly force in shooting at a fleeing car

There was a factual basis for trial that it was apparent the use of deadly force here was unreasonable and unnecessary in shooting at a fleeing car. Reavis v. Frost, 2020 U.S. App. LEXIS 23731 (10th Cir. July 28, 2020).* … Continue reading

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W.D.Pa.: Intervention for return of A-C privileged information denied as moot because they have the information

Intervention in a criminal case to attempt to recover information obtained in alleged violation of the attorney-client privilege is denied as moot. They already have that information, and there is a fundamental difference between recovery of property under Rule 41(g) … Continue reading

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MN: Defense SDT for victim’s cell phone was not a 4A issue but was governed by law of subpoenas

The defendant in a sex case sought a subpoena duces tecum for the alleged victim’s cell phone. The state responded that the Fourth Amendment requires probable cause and an order. The court declines to find that the Fourth Amendment applies … Continue reading

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CA11: Stone bars 2254 on a 4A claim; the question is availability of a trial court remedy and appeal, not whether it was correct

2254 CoA denied under Stone. He had a suppression hearing in the trial court and appealed it. “While Mr. Brantley argued that the 2d DCA’s decision was unreasonable, he does not contend that he was denied the opportunity to argue … Continue reading

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TX4: Def’s wife had joint use of iPad so she could deliver it to the police

“Even if we assume the Fourth Amendment was implicated when Gonzalez’s wife showed the iPad videos to the police, Gonzalez’s wife had apparent authority to permit police to view the iPad videos because she brought the iPad from her family’s … Continue reading

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FL3: PC for arrest isn’t governed by substantive law of constructive possession

The standard for probable cause is not high, and it isn’t even a preponderance of the evidence. Thus, the substantive law of constructive possession on who is where in relation to the evidence seized doesn’t govern arrest. J.J. v. State, … Continue reading

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