Monthly Archives: October 2020

N.D.W.Va.: A pipe in a car that could have legitimate uses still was incriminating enough for plain view

A pipe logically and usually used for smoking pot was seized in plain view because its incriminating nature was immediately apparent. The fact it could be used for legal substances doesn’t detract from that. United States v. Runner, 2020 U.S. … Continue reading

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OH8: Smell of MJ justifies search of interior of car where it could be found

“Upon en banc consideration, we uphold the conclusion reached in Franklin, and reiterate that the heightened standard set forth in Farris does not apply to searches conducted within the passenger compartment of a vehicle. Consistent with the confines of Farris, … Continue reading

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S.D.Fla.: While one’s roof is on the curtilage, it lacks a REP

Defendant’s roof was not a place with a reasonable expectation of privacy despite the fact it was on the curtilage (decided in the context of an ineffective assistance of counsel claim). Davis v. United States, 2020 U.S. Dist. LEXIS 201562 … Continue reading

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FL4: Police use of a flashlight isn’t itself a search

“R.F. appeals the denial of his motion to suppress physical evidence. Because we conclude appellant was not seized for Fourth Amendment purposes where the deputy used a spotlight and a flashlight to illuminate his approach of appellant, we affirm the … Continue reading

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N.D.Ill. issues a geofence warrant to Google

This geofence warrant is issued with probable cause and it is particular because it is so limited in time and scope. In re Search Warrant Application for Geofence Location Data Stored at Google Concerning an Arson Investigation, 2020 U.S. Dist. … Continue reading

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WaPo: DoJ to allow local police to wear body cameras on federal task forces

WaPo: Justice Department to allow local police to wear body cameras on federal task forces (“But federal officers and agents in FBI, ATF, DEA and U.S. Marshals still will not wear cameras”)

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TX10: Texas’s art. 38.28 exclusionary rule instruction doesn’t apply to def’s own conduct

The ability to get an art. 38.23 exclusionary rule instruction for the jury depends on someone else’s wrongdoing, and not on the defendant’s own. It doesn’t apply to resisting arrest. Aguirre v. State, 2020 Tex. App. LEXIS 8524 (Tex. App. … Continue reading

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S.D.Tex.: Arrest was with PC, despite lack of state grand jury indictment

Defendant was charged with child pornography after his computer system password was linked to it. A state grand jury declined to indict him. He sued under § 1983 in state court, and it was removed to federal court. “Without providing … Continue reading

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E.D.Ky.: Trash search entered constitutionally protected area, and there’s no trash search exception to curtilage

The officers entered a constitutionally protected area of defendant’s property for a trash seizure. The court also declines to adopt a “trash exception” to curtilage that trash expected to be picked up later is not protected. United States v. Gregory, … Continue reading

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CA8: Ptf stated a claim for false arrest and detention without PC

Plaintiff was arrested and detained for three weeks without probable cause. Taking his claims as true at this point, he stated a claim. Bell v. Neukirch, 2020 U.S. App. LEXIS 33920 (8th Cir. Oct. 28, 2020):

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TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

HIPAA doesn’t create a reasonable expectation of privacy in one’s blood sample obtained for medical treatment. HIPAA recognizes criminal process to obtain it. Consuelo v. State, 2020 Tex. App. LEXIS 8460 (Tex. App. – Dallas Oct. 27, 2020). Any lack … Continue reading

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S.D.Iowa: Def’s SnapChat posts provided PC to search his vehicle

Defendant’s public social media posts (here, SnapChat) about his drug activities provided probable cause to search his vehicle for drugs. United States v. Manuel, 2020 U.S. Dist. LEXIS 199261 (S.D. Iowa Oct. 21, 2020):

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OH10: Anonymous 911 call didn’t support def’s stop

A 911 anonymous tipster’s call wasn’t justification for defendant’s stop because it was wrong as to clothing and it essentially described all the black men in the area. State v. Walton, 2020-Ohio-5062, 2020 Ohio App. LEXIS 3906 (10th Dist. Oct. … Continue reading

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TX14: SW to take blood includes ability to forensically test it

The search warrant for taking defendant’s blood included the ability to forensically test it. The fact that the forensic analysis of defendant’s blood occurred at a date beyond the three-day window for execution of the warrant did not render the … Continue reading

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GA: Entry into def’s house for pulling a gun on somebody elsewhere wasn’t in hot pursuit and suppressed

Officers entered defendant’s home for allegedly pulling a gun on his girlfriend at another house. They weren’t in hot pursuit, and the entry was unreasonable and is suppressed. The state’s inevitable discovery argument that a search warrant would have been … Continue reading

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CA9: Excessive force claims don’t require damages

Plaintiff showed a prima facie case of excessive force in violation of clearly established law, even without damages, to go forward. Cortesluna v. Leon, 2020 U.S. App. LEXIS 33792 (9th Cir. Oct. 27, 2020):

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