Monthly Archives: September 2020

S.D.Fla.: Arresting ptf for giving officer the finger after denial of access to city council meeting lacked arguable PC

Officer didn’t have arguable probable cause for arresting plaintiff outside a city council meeting plaintiff had been ordered out of when plaintiff gave the officer the finger. Qualified immunity denied based on the allegations of the complaint. McDonough v. Mata, … Continue reading

Posted in Cell site location information, Ineffective assistance, Probable cause | Comments Off on S.D.Fla.: Arresting ptf for giving officer the finger after denial of access to city council meeting lacked arguable PC

E.D.Ky.: Late night view through def’s apartment window violated Jardines but there was still PC without it

Officers conducted a drug investigation into defendant’s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be … Continue reading

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S.D.Tex.: Officers’ encounter with def two hours after a shooting wasn’t exigency for home entry

The government failed to prove any exigency for the entry into defendant’s house. He was encountered outside two hours after a shooting, and it was apparent nobody was in any need of assistance, including him. United States v. Curtis, 2020 … Continue reading

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IL: Failure to attempt to suppress CSLI was harmless error, even if could have been successful

Failure to make a Carpenter argument was harmless error under the proof. People v. Ayoubi, 2020 IL App (1st) 180518, 2020 Ill. App. LEXIS 664 (Sept. 29, 2020). A stop may be valid under Terry, but the officer still needs … Continue reading

Posted in Cell site location information, Ineffective assistance, Stop and frisk | Comments Off on IL: Failure to attempt to suppress CSLI was harmless error, even if could have been successful

techdirt: DHS Probably Didn’t Clone Phones To Intercept Protesters’ Communications

techdirt: DHS Probably Didn’t Clone Phones To Intercept Protesters’ Communications by Tim Cushing:

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S.D.Ohio: Nervousness of driver and two passengers in rental car wasn’t RS; detention was unreasonable

“The officers here initiated investigative activities that prolonged the traffic stop, but are unable to articulate grounds, existing when they started those investigative activities, giving rise to a reasonable suspicion of criminal conduct. And no exception to the exclusionary rule … Continue reading

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N.D.Ohio: Paraphrasing and not quoting what a witness said isn’t a Franks violation

“Jones offers a laundry list of complaints about the text of the search warrant affidavit: … [¶] Jones fails to make a ‘substantial preliminary showing that specified portions of the affiant’s averments are deliberately or recklessly false.’ [Officer] Brotherton did … Continue reading

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S.D.Ga.: Where def lost 4A claim on merits, he can’t relitigate it as an IAC claim

“Petitioner already presented his suppression argument to the Eleventh Circuit, and it was rejected. He now attempts to relitigate the claim by cloaking it in an ineffective assistance claim. However, Petitioner fails to establish Mr. Crowder’s decision not to pursue … Continue reading

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CO: cert. gr.: Whether cell phone details beyond number obtained by illegal arrest should be suppressed; or, is cell phone number particular enough?

“Whether the court of appeals erred in determining that the warrant to search Petitioner’s cell phone and supporting affidavit satisfied the Fourth Amendment’s particularity requirement, where all descriptive information about the phone except the telephone number was obtained as a … Continue reading

Posted in Body cameras, Cell phones, Particularity, Waiver | Comments Off on CO: cert. gr.: Whether cell phone details beyond number obtained by illegal arrest should be suppressed; or, is cell phone number particular enough?

OH11: Def’s admission he was wearing same shoes as the day of the murder was plain view

Defendant’s admission at his police interview that he was wearing the same shoes as the time of the murder justified seizure of the shoes as plain view. State v. Thomas, 2020-Ohio-4635, 2020 Ohio App. LEXIS 3482 (11th Dist. Sept. 28, … Continue reading

Posted in Automobile exception, Consent, Plain view, feel, smell | Comments Off on OH11: Def’s admission he was wearing same shoes as the day of the murder was plain view

MN: Driver’s potential violation of a pretrial release condition justified extending stop

The driver’s potential violation of a pretrial release condition observed by the officer was sufficient justification for extending a traffic stop first based on failure to signal. Violation of a condition of release could be a criminal violation. State v. … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on MN: Driver’s potential violation of a pretrial release condition justified extending stop

GA: Even if pre-Carpenter CSLI was error [not] it was harmless error

Even if the good faith exception doesn’t admit CSLI before Carpenter, it’s harmless error. “At the time of Hill’s 2014 trial, controlling precedent held that a search warrant was not required to obtain cell site location data.” “Here, the cell … Continue reading

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OH4: Arrest for violation of a statute later held unconstitutional didn’t bar trial under later version of statute

Defendant’s arrest under a statute later held unconstitutional didn’t bar him from being tried under a later version of the statute that was constitutional. State v. Bartholomew, 2020-Ohio-4611, 2020 Ohio App. LEXIS 3465 (4th Dist. Sept. 17, 2020). The fruit … Continue reading

Posted in Anticipatory warrant | Comments Off on OH4: Arrest for violation of a statute later held unconstitutional didn’t bar trial under later version of statute

DE: One heroin deal and returning home isn’t nexus

Surveillance of one trip home after a heroin deal doesn’t show nexus to the premises where defendant lived. State v. Jones, 2020 Del. Super. LEXIS 2798 (Sept. 24, 2020):

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CA11: That state court’s 4A ruling was wrong isn’t ground for habeas relief

Habeas petitioner’s allegation state court decision on his Fourth Amendment claim was erroneous isn’t enough to get appellate review under Stone. CoA denied. Cisneros v. Sec’y, Dept. of Correction, 2020 U.S. App. LEXIS 30618 (11th Cir. Sept. 24, 2020).* There … Continue reading

Posted in Ineffective assistance, Issue preclusion | Comments Off on CA11: That state court’s 4A ruling was wrong isn’t ground for habeas relief

Vox: Recode: Amazon’s surveillance cameras fly now — which is unsettling

Vox: Recode: Amazon’s surveillance cameras fly now — which is unsettling (“Amazon has announced a new way for consumers to surveil their own homes: a camera-equipped drone that connects to Ring security systems. Ring, which Amazon owns, has a history … Continue reading

Posted in Digital privacy, Drones | Comments Off on Vox: Recode: Amazon’s surveillance cameras fly now — which is unsettling