Daily Archives: January 14, 2021

TX11: No spousal privilege in recorded jail calls

Defendant’s jail calls to his wife were not privileged because he knew from the recording at the start of the call that it was being recorded. Newman v. State, 2021 Tex. App. LEXIS 293 (Tex. App. – Eastland Jan. 14, … Continue reading

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NPR: War On Terror Birthed Pentagon’s Automated Biometrics Identification System

NPR: War On Terror Birthed Pentagon’s Automated Biometrics Identification System by Steve Inskeep (“NPR’s Steve Inskeep talks to investigative reporter Annie Jacobsen, author of the new book, First Platoon, about how the U.S. has employed the use of biometric data … Continue reading

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D.V.I.: Failure to put on proof at suppression hearing leads to show cause order to defense

Defendant filed a motion to suppress a statement and a search. At the hearing, however, the search wasn’t challenged. Defendant has to show cause why that part of the motion should not be denied. United States v. Henry, 2021 U.S. … Continue reading

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N.D.Ohio: Regular borrowing of a vehicle gave def standing when he had it; affidavit “bare bones” so no GFE

Defendant’s regular borrowing of a vehicle gave him standing in the vehicle when he was driving it. “In sum, the affidavit in support of the December 8, 2017 search warrant fails to provide the requisite ‘“nexus between the place to … Continue reading

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CA1: When police justifiably shoot at a car, a passenger hit has no claim

A police officer fired at a vehicle driven by an armed man that was trying to hit him, and a passenger was hit. On the undisputed facts, the use of force was reasonable. Fagre v. Parks, 2021 U.S. App. LEXIS … Continue reading

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D.Nev.: Running wants or warrants on a sex offender involved in a stop didn’t violate 4A

Running wants or warrants on a sex offender involved in a stop didn’t violate the Fourth Amendment. United States v. McCowan, 2021 U.S. Dist. LEXIS 6500 (D. Nev. Jan. 13, 2021).* The affidavit for the search warrant shows probable cause. … Continue reading

Posted in Probable cause, Search | Comments Off on D.Nev.: Running wants or warrants on a sex offender involved in a stop didn’t violate 4A