Monthly Archives: August 2020

EFF: New Federal Court Rulings Find Geofence Warrants Unconstitutional

EFF: New Federal Court Rulings Find Geofence Warrants Unconstitutional by Jennifer Lynch and Nathaniel Sobel:

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The Appeal: Highway Stop-And-Frisk: How Pennsylvania State Troopers Conduct Illegal Traffic Searches

The Appeal: Highway Stop-And-Frisk: How Pennsylvania State Troopers Conduct Illegal Traffic Searches (“A review of five years of cases that arose from traffic stops in the south-central region of the state shows that police used underhand tactics to justify holding … Continue reading

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HI: Local police dept’s implied consent form was accurate

On the totality, defendant’s consent to BAC testing was voluntary. The police department’s implied consent form was accurate. State v. Hosaka, 2020 Haw. LEXIS 256 (Aug. 28, 2020)*:

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M.D.Pa.: Govt’s justification for protective sweep or exigency based entry were speculative so motion to suppress granted

The government contention a protective sweep or exigent circumstances justified the entry was speculative and lacked foundation. Motion to suppress granted. United States v. Lara-Mejia, 2020 U.S. Dist. LEXIS 156946 (M.D. Pa. Aug. 28, 2020). The automobile exception doesn’t apply … Continue reading

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pjmedia: Judge Denies Qualified Immunity for Kentucky Child Welfare Workers Who Illegally Strip-Searched Children

pjmedia: Judge Denies Qualified Immunity for Kentucky Child Welfare Workers Who Illegally Strip-Searched Children by Megan Fox:

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Reason: More Than a Year Before Breonna Taylor’s Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence

Reason: More Than a Year Before Breonna Taylor’s Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence by Jacob Sullum (“The overlap suggests a pattern of shoddy investigation and reckless paramilitary tactics in … Continue reading

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FL5: Compelling password to cell phone violates 5A

An attempt to order a cell phone owner to provide his password to the phone is testimonial under the Fifth Amendment. The court also concludes the foregone conclusion doctrine does not apply. Garcia v. State, 2020 Fla. App. LEXIS 12232 … Continue reading

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OH2: Giving false name and DOB after SW executed supports obstruction charge

Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. … Continue reading

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W.D.Wash.: Govt doesn’t need SW to search its own records

The government doesn’t need a search warrant to search its own records. No case says anything like that, and there is no reasonable expectation of privacy in the private sense. United States v. Fanyo-Patchou, 2020 U.S. Dist. LEXIS 155998 (W.D. … Continue reading

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CA6: Cut-and-paste typos in SW can be ignored if intention can be determined

Typographical errors in a search warrant from using another warrant off a computer can be ignored if the intention of the search warrant can be determined. United States v. Abdalla, 2020 U.S. App. LEXIS 27375 (6th Cir. Aug. 27, 2020):

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S.D.Ill.: Govt’s affidavits knock-and-announce would be unsafe were unrebutted

Defendant pled in his motion to suppress there was a knock-and-announce violation, and the government responded with affidavits that knocking would be unsafe. Unrebutted, that’s enough to deny a hearing. United States v. Moore, 2020 U.S. Dist. LEXIS 155454 (S.D. … Continue reading

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TX14: Arrest outside a house can justify a protective sweep inside

An arrest outside a house, depending on the circumstances, can justify a protective sweep as much as an arrest inside. Defendant also claimed that a secondary protective sweep was unreasonably intense. Even if it was, it doesn’t affect the search … Continue reading

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S.D.Cal.: 1983 suit against facts of detention barred by Younger abstention

Plaintiff’s claims in substantial part attack the facts of his current detention, and it’s barred by Younger abstention. Mondragon v. County of San Diego, 2020 U.S. Dist. LEXIS 155166 (S.D. Cal. Aug. 26, 2020)*:

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MS: Def’s consent moots his lack of PC claim

Defendant’s claim of lack of probable cause goes unanswered because there is plenty of evidence of consent. Harris v. State, 2020 Miss. App. LEXIS 499 (Aug. 25, 2020):*

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CA11: 2255 petitioner made a showing that reasonable jurists could disagree on merits of 4A claim not pursued, so he gets a CoA

Defendant, a 2255 petitioner, made a sufficient showing that reasonable jurists could disagree whether the Fourth Amendment claim that wasn’t pursued had merit. Therefore, the CoA is granted. Day v. Fla. Dep’t of Corr., 2020 U.S. App. LEXIS 27153 (11th … Continue reading

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CA11: Arrest warrant permits arrest of def in a hotel room when there’s a reasonable belief on totality he’s there

A reasonable belief the defendant is present in a hotel room authorizes the police to enter when they have an arrest warrant for him, even though the motel room is not his “home.” In addition, forcing him to crawl out … Continue reading

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