Daily Archives: October 28, 2020

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

Posted in Curtilage, Dog sniff, Particularity, Reasonable expectation of privacy | Comments Off on TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

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):

Posted in Automobile exception, Probable cause | Comments Off on S.D.Iowa: Def’s SnapChat posts provided PC to search his vehicle

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

Posted in Excessive force, Good faith exception, Plain view, feel, smell, Probable cause, Reasonable suspicion, Standards of review | Comments Off on OH10: Anonymous 911 call didn’t support def’s stop

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

Posted in Drug or alcohol testing, Scope of search, Trespass, Waiver | Comments Off on TX14: SW to take blood includes ability to forensically test it

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

Posted in Hot pursuit, Inventory, Suppression hearings, Waiver | Comments Off on GA: Entry into def’s house for pulling a gun on somebody elsewhere wasn’t in hot pursuit and suppressed

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):

Posted in Excessive force | Comments Off on CA9: Excessive force claims don’t require damages

Chicago Sun Times: Does Illinois’ pot law pass the smell test? Scent of weed can still prompt cops to search vehicles

Chicago Sun Times: Does Illinois’ pot law pass the smell test? Scent of weed can still prompt cops to search vehicles By Tom Schuba (“For many folks, the fragrance of weed is unmistakable. But the mere smell of pot can … Continue reading

Posted in Plain view, feel, smell, Probable cause | Comments Off on Chicago Sun Times: Does Illinois’ pot law pass the smell test? Scent of weed can still prompt cops to search vehicles