Monthly Archives: December 2020

OH5: “Request” to “come here” was not a seizure

Based on prior cases, the court finds this encounter was a consensual encounter. “We find that the Trooper’s request that appellant ‘come here’ did not turn the encounter into a seizure.” State v. Nichols, 2020-Ohio-6960, 2020 Ohio App. LEXIS 4782 … Continue reading

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FL1: ‘conduct does not need to be illegal (or acted upon if so) to be suspicious’ on the totality

“In fact, ‘conduct does not need to be illegal (or acted upon if so) to be suspicious.’ Weakley v. State, 273 So. 3d 283, 286 (Fla. 1st DCA 2019) (observing that in District of Columbia v. Wesby, 138 S. Ct. … Continue reading

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NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match

NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match by Kashmir Hill (“Nijeer Parks is the third person known to be arrested for a crime he did not commit based on a bad face recognition match.”)

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CA3: No REP in cell phone subscriber records

There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading

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OH3: When state appeals dismissal for pretrial delay, def can’t appeal denial of suppression motion

Denial of a motion to suppress is not immediately appealable in Ohio. Here, there was an appealable pretrial issue of a grant of dismissal for pretrial delay, and the court finds the suppression issue was still viable and could be … Continue reading

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CA8: “where one draws the line between” independent source and inevitable discovery doctrines “is unimportant”

“Although the distinction between the independent-source and inevitable-discovery doctrines is not sharp …, where exactly one draws the line between the two doctrines is unimportant.” United States v. Baez, 2020 U.S. App. LEXIS 40551 (8th Cir. Dec. 29, 2020):

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CA9: The fact CBP had RS doesn’t mean it’s required for a border dog sniff

“The fact that Customs and Border Patrol (CBP) officers had reasonable suspicion cannot serve to heighten the standard attached to the border search.” The use of a drug dog at the border doesn’t require reasonable suspicion. United States v. Meraz-Campos, … Continue reading

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N.D.Cal.: Failure to produce SW at scene of search doesn’t violate Rule 41 or 4A

Failure to produce a search warrant at the time of the search doesn’t violate the Fourth Amendment or Rule 41. Also, the search was particular. “In our case, a San Francisco Superior Court issued the search warrant, which federal ATF … Continue reading

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IL: Conversation with passenger while waiting for transport for arrested driver didn’t extend the stop

Defendant was a passenger in a car stopped for a seat belt violation. The driver had no DL and he was handcuffed. While waiting for transport of the driver, the arresting officer engaged him in conversation. This was reasonable and … Continue reading

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Vox: The real cost of smart speakers

Vox: The real cost of smart speakers by Sam Ellis (“But essentially, smart speakers are microphones that connect to the internet. And they come with a hidden cost: some of our privacy. After listening to our questions and demands, these … Continue reading

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W.D.Tenn.: Merely being in a friend’s house in one’s underwear during an early morning search isn’t standing

A nonresident defendant found in his underwear at the scene of house search didn’t show guest standing. That alone wasn’t enough. Probably if he brought a toothbrush. United States v. Davenport, 2020 U.S. Dist. LEXIS 242449 (W.D. Tenn. Dec. 28, … Continue reading

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OH12: RS for stop after drugs found in 70 other traffic stops leaving suspected drug house

Suppose just for the sake of argument a law enforcement officer conducts 70 potentially legal stops of cars leaving a drug house but then finds drugs in the car. Assume further there was no reasonable suspicion for a detention or … Continue reading

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UT: PC can dissipate over time; just because they had it once doesn’t mean they always will

The trial court refused to bind over defendant for trial on arson charges. The state investigated (but not completely apparently) and never sought a search warrant for evidence at the scene while they found it suspicious. The fact there might … Continue reading

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D.Utah: Govt had burden on proving RS to continue stop and failed to put on justification; suppressed

The government carried the burden on the basis for the stop but not why it was continued, and the record tells the court nothing about the first 65 minutes of delay. “[T]he court concludes that the dog’s entry into the … Continue reading

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CA11: Obscured LPN justified stop, even if statute was unconstitutionally vague

Defendant’s obscured LPN gave probable cause for the stop, even if the statute were to later prove to be unconstitutionally vague. The latter question is not decided. United States v. Sanchez, 2020 U.S. App. LEXIS 40243 (11th Cir. Dec. 23, … Continue reading

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IL: A stop and a frisk require independent factual bases

Stop and frisk are separate questions in their justification and scope, citing Terry. People v. Baker, 2020 IL App (2d) 180300, 2020 Ill. App. LEXIS 880 (Dec. 22, 2020). Police came for a wellness check on defendant’s mother. The search … Continue reading

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