Monthly Archives: March 2021

S.D.N.Y.: No REP in medical questioning in jail

There is no reasonable expectation of privacy against medical questioning in a jail. Jones v. Quinones, 2021 U.S. Dist. LEXIS 59654 (S.D. N.Y. Mar. 26, 2021). The search warrants for a business that was searched by ICE remain under seal. … Continue reading

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W.D.N.Y.: Calling def to scene of SW execution does not permit search of def’s phone in SW for house

Defendant came to meet the police at their request after talking to them on his cell phone. They had probable cause to believe that the phone had evidence on it. Since he came in without the phone on him, it … Continue reading

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NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased

NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased by Carrie Johnson:

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W.D.Va.: Def’s supervised release terms informed his lack of standing in someone else’s place

Defendant’s supervised release terms helped determine his lack of standing in the place searched. “Under the totality of these circumstances, the court finds that Howard does not have standing to contest the search of Morris’s home and the subsequent seizure … Continue reading

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N.-M.: Cell phone can’t be searched when it was directed to be brought to the place of SW execution

Having one’s cell phone on his person and being directed to come to the scene of the search under a military search authorization [equivalent to a search warrant] does not permit search and seizure of the phone under Summers and … Continue reading

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NYT: If You Care About Privacy, It’s Time to Try a New Web Browser

NYT: If You Care About Privacy, It’s Time to Try a New Web Browser by Brian X. Chen (“A new crop of internet browsers from Brave, DuckDuckGo and others offer stronger privacy protections than what you might be used to.”) … Continue reading

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CA5: Ptf’s § 1983 case over his search implies invalidity of the conviction, and it’s barred by Heck

Plaintiff’s § 1983 case against his search and seizure implies invalidity of the conviction, and it’s barred by Heck. VanBuren v. Walker, 2021 U.S. App. LEXIS 9115 (5th Cir. Mar. 29, 2021). “As to Hoffert’s remaining claim for violation of … Continue reading

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CA2: Slamming head of nonresisting arrestee excessive

The district court erred in entering summary judgment for officers in an excessive force claim. It was clearly established that slamming an unresisting detainee’s head into a car doorframe was excessive. Ketcham v. City of Mt. Vernon, 2021 U.S. App. … Continue reading

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DE: Defense counsel’s letter to client why 4A claim would fail shows def would never prevail

“Turning to Stokes’ claim that trial counsel was ineffective for failing to investigate his case and make various arguments on his behalf, the record refutes this claim. First, it is clear that trial counsel carefully considered filing a motion to … Continue reading

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TX5: Lack of a timely return doesn’t warrant suppression despite mandatory language of statute

A lack of return isn’t a basis for suppression. “Although the requirements set forth in this provision of the code of criminal procedure appears to be mandatory, courts have consistently held that ministerial violations of the search warrant statutes do … Continue reading

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DE: Trash container at street was not on curtilage

Defendant’s trash container at the foot of his driveway awaiting pickup was not on the curtilage. Moreover, he had no reasonable expectation of privacy in it sitting there. State v. Peart, 2021 Del. Super. LEXIS 243 (Mar. 25, 2021). Rooker-Feldman … Continue reading

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KY: State failed to call witnesses to show RS for extending stop for drug dog

The state failed to prove its reasonable suspicion for extending the stop. The officer alone detaining at the scene for the drug dog didn’t have the evidence. Giles v. Commonwealth, 2021 Ky. App. LEXIS 45 (Mar. 26, 2021):

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VICE: How Musicians and Sex Workers Beat Facial Recognition in New Orleans

VICE: How Musicians and Sex Workers Beat Facial Recognition in New Orleans by Carolina Sinders (“A grassroots coalition of Black youth, sex workers, and community advocates stood against the surveillance state—and won.”)

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ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home by Lenese Herbert:

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CT: Both halves of a duplex can’t be searched under a warrant for one

A search of both halves of a duplex under a search warrant for one was unreasonable and had to be suppressed. State v. Lyons, 2021 Conn. App. LEXIS 100 (Mar. 30, 2021). Defense counsel wasn’t ineffective for not challenging the … Continue reading

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ND: Warrantless entry of child protective services to remove a child was unreasonable

State child services officers came to defendant’s door to take her child away. She refused and ran back into the house with officers in pursuit. This warrantless entry and a second entry to collect clothes for the child were unreasonable. … Continue reading

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ND: While a shrug isn’t consent, mumbling, nodding, and lifting one’s hands can be

While a shrug isn’t consent, mumbling, nodding, and lifting one’s hands can be consent on the totality. The consent was a permissible extension of the encounter. State v. Stands, 2021 ND 46, 2021 N.D. LEXIS 43 (Mar. 24, 2021):

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CA4: Officers watching def on a CI’s tip saw a handshake which they surmised was a drug sale; no RS from a handshake

“In order to sustain reasonable suspicion, officers must consider the totality of the circumstances and, in doing so, must not overlook facts that tend to dispel reasonable suspicion. Here, officers relied on general information from a confidential informant; two interactions … Continue reading

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FL2: Private pole camera was potentially the tort of “intrusion on seclusion”

In a fence line dispute, defendants’ posting a 25’ high pole camera watching plaintiff’s property stated a claim for intrusion on seclusion. Jackman v. Cebrink-Swartz, 2021 Fla. App. LEXIS 4321 (Fla. 2d DCA Mar. 26, 2021). So how will this … Continue reading

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DE: Exclusionary rule not designed to prohibit extra-territorial GPS tracking with warrant

In this post-conviction case, defense counsel didn’t raise the question of extraterritorial monitoring of a warrant installed GPS device. It was installed in 2015 [post-Jones] to track defendant who was an accomplished [except for getting caught] burglar. The court doesn’t … Continue reading

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