Daily Archives: September 18, 2020

S.D.N.Y.: OFAC sanction blocking transaction wasn’t a 4A seizure

The Office of Foreign Asset Control’s sanctions for certain transactions that results in a block of the transaction wasn’t a Fourth Amendment seizure. US VC Partners GP LLC v. United States Dep’t of the Treasury, 2020 U.S. Dist. LEXIS 170713 … Continue reading

Posted in Seizure | Comments Off on S.D.N.Y.: OFAC sanction blocking transaction wasn’t a 4A seizure

MS: Def’s evasiveness during a patdown justified it being more intrusive

Defendant’s evasiveness during a patdown justified it being more intrusive. “Casey’s argument seemingly ignores the circumstances that led to the retrieval of the drugs. First, as Deputy Putnam began his first attempt at a weapons pat-down, Casey suddenly took his … Continue reading

Posted in Stop and frisk | Comments Off on MS: Def’s evasiveness during a patdown justified it being more intrusive

NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

Defendant’s arrest after an NCIC check showed warrants for him was reasonable. State v. Widmer, 2020 N.M. App. LEXIS 41 (Sept. 15, 2020). To the same effect is United States v. Bullock, 020 U.S. Dist. LEXIS 170229 (N.D. Iowa Aug. … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off on NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

Massachusetts SJC revises and loosens its standard for claiming racial motivation for traffic stops under state constitution

Massachusetts SJC revises and loosens its standard for claiming racial motivation for traffic stops under state constitution. Commonwealth v. Long, 2020 Mass. LEXIS 520 (Sept. 17, 2020):

Posted in State constitution, Stop and frisk | Comments Off on Massachusetts SJC revises and loosens its standard for claiming racial motivation for traffic stops under state constitution

CA10: EPA subpoena to determine cost of cleanup was within agency jurisdiction and was reasonable

An EPA subpoena to determine whether this mine could pay for the cost of a cleanup was within the agency’s jurisdiction and valid and did not violate the Fourth Amendment. United States v. United Park City Mines Co., 2020 U.S. … Continue reading

Posted in Administrative search, Stop and frisk, Subpoenas / Nat'l Security Letters | Comments Off on CA10: EPA subpoena to determine cost of cleanup was within agency jurisdiction and was reasonable

CA11: Officers executing a SW at a house can approach an occupied car parked out front

“The district court did not err by denying Turner’s motion to suppress. Delgado was entitled, ‘without any level of suspicion,’ to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he … Continue reading

Posted in Motion to suppress, Seizure, Standards of review, Warrant execution | Comments Off on CA11: Officers executing a SW at a house can approach an occupied car parked out front

E.D.Tex.: Def’s attempts to distinguish Hudson and no ER for knock-and-announce fails

Defendant’s efforts to distinguish Hudson and its refusal to apply the exclusionary rule to knock-and-announce violations fail. United States v. Pyles, 2020 U.S. Dist. LEXIS 169623 (E.D. Tex. Sept. 16, 2020). Petitioner gets a CoA on the following habeas issue: … Continue reading

Posted in Ineffective assistance, Informant hearsay, Knock and announce | Comments Off on E.D.Tex.: Def’s attempts to distinguish Hudson and no ER for knock-and-announce fails

WaPo: Louisville agrees to $12 million payout and policing changes in pact with family

WaPo: Louisville agrees to $12 million payout and policing changes in pact with family of Breonna Taylor, killed in police raid by Tim Craig & Marisa Iati (“The city of Louisville announced a $12 million settlement Tuesday with the family … Continue reading

Posted in Excessive force, Knock and announce | Comments Off on WaPo: Louisville agrees to $12 million payout and policing changes in pact with family

WaPo: Safety and ethics worries sidelined a ‘heat ray’ for years. The feds asked about using it on protesters.

WaPo: Safety and ethics worries sidelined a ‘heat ray’ for years. The feds asked about using it on protesters. by Tim Elfrink (“Every few years since 2001, the military has invited reporters to get zapped by a ‘heat ray.’ The … Continue reading

Posted in Excessive force | Comments Off on WaPo: Safety and ethics worries sidelined a ‘heat ray’ for years. The feds asked about using it on protesters.