Daily Archives: July 16, 2020

Slate.com: Black Judge Has to Explain to White Colleague Why Racial Profiling Is Bad

Slate.com: Black Judge Has to Explain to White Colleague Why Racial Profiling Is Bad by Mark Joseph Stern:

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CA6: Lack of notice of right to refuse consent is a factor on totality and not determinative

Defendant wasn’t entitled to notice of his right to refuse consent, and he argues that’s nearly determinative on the totality. It’s not: “So, Taylor’s argument amounts to a contention that, in evaluating the totality of the circumstances, the district court … Continue reading

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CA6: Not telling officers during arrest and transport of pre-existing injury gives them QI

“Detroit police arrested Baxter Jones for disorderly conduct. They transported Jones, who uses a wheelchair, in a modified cargo van. Jones says riding in the van aggravated his spinal injuries and hurt his shoulders and hands. The district court denied … Continue reading

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Cal.1: Cell phone ping to find def after a stabbing was with exigent circumstances

Police having defendant’s cell phone pinged to find him after a stabbing he was alleged to have done in a populated area was with exigent circumstances and reasonable. People v. Bowen, 2020 Cal. App. LEXIS 659 (1st Dist. July 15, … Continue reading

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E.D.N.Y.: Illustrative list in SW satisfies particularity

Use of an illustrative list helps show particularity of the search warrant. United States v. Messalas, 2020 U.S. Dist. LEXIS 123735 (E.D. N.Y. July 10, 2020). The video of the stop supports justification for the stop. State v. Rivera, 2020 … Continue reading

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E.D.Mich.: Habeas petitioner not arguing defense counsel was told by him that consent was involuntary doesn’t show ineffectiveness for not raising it

2255 petitioner’s failure to argue he told defense counsel that his consent to search was involuntary was fatal to his claim defense counsel was ineffective for not arguing it. United States v. Mitchell, 2020 U.S. Dist. LEXIS 123319 (E.D. Mich. … Continue reading

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CA4: That Bivens shouldn’t recognize this claim wasn’t raised below and it’s waived

“Here, the officers argue that their case – notwithstanding its similarities to Bivens, which likewise involved a Fourth Amendment claim against federal law enforcement officers – presents a ‘new Bivens context,’ and that allowing it to proceed runs afoul of … Continue reading

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LA: Failure to argue Schmerber in trial court was waiver

Defendant’s failure to argue Schmerber in the trial court was [essentially] waiver, and defendant didn’t show the trial court erred. State v. Michael, 2020 La. LEXIS 1347 (July 9, 2020):

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