Monthly Archives: January 2021

The Intercept: How The LAPD And Palantir Use Data To Justify Racist Policing

The Intercept: How The LAPD And Palantir Use Data To Justify Racist Policing by Mara Hvistendahl (“In a new book, a sociologist who spent months embedded with the LAPD details how data-driven policing techwashes bias.”)

Posted in Surveillance technology | Comments Off on The Intercept: How The LAPD And Palantir Use Data To Justify Racist Policing

CA8: Officer wins two § 1983 cases in same day from E.D. Mo., Cape Girardeau

The officer had cause for defendant’s stop for a broken taillight and then found a warrant for his arrest. “Wood also alleges that after the fact, Wooten fabricated evidence about the arrest (and then invoked his Fifth Amendment right about … Continue reading

Posted in Probable cause, Qualified immunity | Comments Off on CA8: Officer wins two § 1983 cases in same day from E.D. Mo., Cape Girardeau

E.D.Mich.: PC a close call, so GFE applies

“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading

Posted in Curtilage, Good faith exception, Probable cause, Reasonable expectation of privacy | Comments Off on E.D.Mich.: PC a close call, so GFE applies

M.D.La.: Driveway here was not Curtilage “intimately tied to the home”

Defendant’s driveway was not Curtilage “intimately tied to the home.” United States v. Martinez-Velazquez, 2021 U.S. Dist. LEXIS 15723 (M.D. La. Jan. 28, 2021):

Posted in Curtilage | Comments Off on M.D.La.: Driveway here was not Curtilage “intimately tied to the home”

M.D.Tenn.: SW affiants should err on side of more information, not less

“[T]he warrant affidavit established probable cause to search the Residence, based on a combination of the smell of marijuana emanating from the Residence and the marijuana stem recovered in the trash pull. The affidavit reveals that three different MNPD officers … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off on M.D.Tenn.: SW affiants should err on side of more information, not less

CA1: Defense must argue cost v. benefits of exclusionary rule or issue is likely waived

When invoking the exclusionary rule, the defendant necessarily has to show that the deterrence value of exclusion outweighs the costs of exclusion. United States v. Cruz-Ramos, 2021 U.S. App. LEXIS 2284 (1st Cir. Jan. 27, 2021), n. 9:

Posted in Burden of pleading, Good faith exception, Standards of review | Comments Off on CA1: Defense must argue cost v. benefits of exclusionary rule or issue is likely waived

E.D.Wis.: No REP as to pole camera surveillance, one in an apt building hallway

Two surveillance cameras were installed; one on a pole, one in a hallway of an apartment building. Defendant, a visitor, had no reasonable expectation of privacy. A codefendant already litigated this motion and lost, and he should have acknowledged the … Continue reading

Posted in Burden of pleading, Ineffective assistance, Pole cameras | Comments Off on E.D.Wis.: No REP as to pole camera surveillance, one in an apt building hallway

Pre-Carpenter CSLI was in good faith

The CSLI order here pre-dated Carpenter, and it was based on probable cause. Since Carpenter wasn’t retroactive, the motion to suppress is denied. United States v. Stamat, 2021 U.S. Dist. LEXIS 14268 (D.Minn. Jan. 26, 2021).* Defendant’s CSLI was obtained … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on Pre-Carpenter CSLI was in good faith

AR: Adding to PC argument on appeal wasn’t preserved

Defendant’s specific argument on appeal about the lack of probable cause was not presented to the trial court, so it’s not preserved for appeal. In a Franks part of the motion, the affidavit has to be read as a whole, … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Waiver | Comments Off on AR: Adding to PC argument on appeal wasn’t preserved

CA4: Not every fact an affiant knows needs to go in a SW affidavit for Franks

The omission of some facts didn’t make out a Franks violation. Affiants for search warrants are not required to itemize every fact they know and omission of some, the nonmaterial, doesn’t make out a Franks violation nor undermine the probable … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off on CA4: Not every fact an affiant knows needs to go in a SW affidavit for Franks

CA10: Officers’ mistake of fact here undermined the RS

The government conceded on appeal (as it should) that the officers alleged to have reasonable suspicion were mistaken as to what they testified to because they were misinformed. Taking this information out of the equation, the court finds that they … Continue reading

Posted in Consent, Reasonable suspicion, Reasonableness | Comments Off on CA10: Officers’ mistake of fact here undermined the RS

ABAJ: Immigration lawyer sues over seizure of his cellphone at airport

ABAJ: Immigration lawyer sues over seizure of his cellphone at airport by Debra Cassens Weiss (“Texas immigration lawyer Adam A. Malik has sued the U.S. Department of Homeland Security for seizing and retaining his iPhone when he returned to the … Continue reading

Posted in Border search, Cell phones | Comments Off on ABAJ: Immigration lawyer sues over seizure of his cellphone at airport

D.Minn.: Seeking “four corners review” of affidavit for SW isn’t a proper motion to suppress

A generalized motion to suppress merely seeking “four corners review” of probable cause is insufficient. “Defendant’s failure to specify the basis for his suppression motion and provide any argument in support thereof warrants denial alone.” “Defendant’s motion also fails because … Continue reading

Posted in Motion to suppress, Probable cause | Comments Off on D.Minn.: Seeking “four corners review” of affidavit for SW isn’t a proper motion to suppress

E.D.Pa.: Can’t relitigate denial of motion to suppress in motion for new trial

A motion for new trial is not the place to relitigate denial of a motion to suppress. United States v. Mack, 2021 U.S. Dist. LEXIS 14024 (E.D. Pa. Jan. 16, 2021). There was reasonable suspicion on the totality for defendant’s … Continue reading

Posted in Reasonable suspicion, Suppression hearings | Comments Off on E.D.Pa.: Can’t relitigate denial of motion to suppress in motion for new trial

N.D.Ga.: “Any and all” in a SW is severable to maintain particularity

Catch-all language, like “any and all” in a list of things to be seized, is severable to narrow the warrant. United States v. Qadri, 2021 U.S. Dist. LEXIS 13975 (N.D. Ga. Jan. 26, 2021). “Based on the totality of the … Continue reading

Posted in Particularity, Reasonable suspicion | Comments Off on N.D.Ga.: “Any and all” in a SW is severable to maintain particularity

Reason: Cops Must Destroy Illegal Surveillance Videos From Spa Visited by Robert Kraft

Reason: Cops Must Destroy Illegal Surveillance Videos From Spa Visited by Robert Kraft by Elizabeth Nolan Brown (“Authorities ‘shall destroy the videos unlawfully obtained through the surveillance of the Orchids of Asia Day Spa,’ a federal judge says.”)

Posted in Rule 41(g) / Return of property | Comments Off on Reason: Cops Must Destroy Illegal Surveillance Videos From Spa Visited by Robert Kraft