Daily Archives: March 27, 2021

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

Posted in Informant hearsay, Reasonable suspicion | Comments Off on CA4: Officers watching def on a CI’s tip saw a handshake which they surmised was a drug sale; no RS from a handshake

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

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on FL2: Private pole camera was potentially the tort of “intrusion on seclusion”

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

Posted in Exclusionary rule, GPS / Tracking Data, Reasonableness, Tracking warrant | Comments Off on DE: Exclusionary rule not designed to prohibit extra-territorial GPS tracking with warrant