Daily Archives: January 13, 2021

OR: With recreational MJ, the odor of MJ in a rental car is not RS for trafficking

In a recreational marijuana state, “We are unprepared to say that, as to any person driving a rental car on a public highway in Oregon that is also used by drug traffickers, any odor of marijuana gives rise to reasonable … Continue reading

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CA4: Ptf’s claim the statute he was arrested under was unconstitutional is barred by DeFillippo

Plaintiff’s claim that his arrest and search was invalid because the statute under which he was stopped and arrested was unconstitutional is barred by Michigan v. DeFillippo. Quigley v. City of Huntington, 2021 U.S. App. LEXIS 760 (4th Cir. Jan. … Continue reading

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Cal.4: Drunk in public with a vehicle justifies a vehicle search under the automobile exception

Drunk in public with a vehicle justifies a vehicle search under the automobile exception. People v. Sims, 2021 Cal. App. LEXIS 33 (4th Dist. Jan. 12, 2021). A search warrant that resulted in a search where three buildings were on … Continue reading

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CNS: LA Police Commission Adopts Oversight Measures for Facial Recognition Tool

CNS: LA Police Commission Adopts Oversight Measures for Facial Recognition Tool by Martin Macias Jr. (“The LAPD’s promise of robust oversight for facial recognition technology in police work hasn’t quelled concerns from civil liberties groups that the tools will perpetuate … Continue reading

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E.D.N.Y.: Ptf’s injunction request against future illegal searches speculative

“Even if plaintiff had correctly labeled this claim as a Fourth Amendment one, he could not show that he is entitled to a preliminary injunction. ‘Speculative, remote or future injury’ is not enough to show irreparable harm. Phelan v. Sullivan, … Continue reading

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CA8: Creighton U. security officers are private actors

Creighton University security officers are private actors in seizing and searching defendant. They did not act in concert with any law enforcement agency, and they called the police to take defendant away. United States v. Avalos, 2021 U.S. App. LEXIS … Continue reading

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CA8: Direction to stay in car during a traffic stop wasn’t a seizure

Direction to defendant to stay in his car during a stop was not a separate seizure. United States v. Warren, 2021 U.S. App. LEXIS 701 (8th Cir. Jan. 12, 2021). There was probable cause for defendant’s arrest. Officers bought drugs … Continue reading

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