Daily Archives: April 9, 2021

Reason: Cops Are Using Facial Recognition Technology More Than Previously Revealed

Reason: Cops Are Using Facial Recognition Technology More Than Previously Revealed by J.D. Tuccille (“The surveillance state is available as a plug-and-play solution for any cop interested in a free trial period.”)

Posted in Surveillance technology | Comments Off on Reason: Cops Are Using Facial Recognition Technology More Than Previously Revealed

W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Seizure, Staleness | Comments Off on W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

ID: Violation of citizen’s arrest statute not a const’l violation; no suppression

The officer arrested defendant for a completed misdemeanor of stealing a cell phone not occurring in his presence. The manager of the place where it happened wanted defendant arrested. The officer and the manager never informed defendant this was a … Continue reading

Posted in Arrest or entry on arrest, Common law, Exclusionary rule | Comments Off on ID: Violation of citizen’s arrest statute not a const’l violation; no suppression

OR: State didn’t develop its argument about RS at the hearing, and it’s found waived

The state’s justification for inquiries about travel plans isn’t reached on appeal because it wasn’t briefed or even developed below. Instead, the questions about it related only to initial reasonable suspicion. “We conclude that the record could have developed differently … Continue reading

Posted in Informant hearsay, Standards of review, Waiver | Comments Off on OR: State didn’t develop its argument about RS at the hearing, and it’s found waived

D.C.: Body cam didn’t support trial court finding of consent to feel a bag; it essentially happened as one move as officer asked for consent

The record doesn’t support the trial court’s finding of consent to a squeeze of a bag that revealed a gun. The officer was reaching for the bag asking for consent. “The government played footage from Denton’s body worn camera (‘BWC’), … Continue reading

Posted in Consent, Issue preclusion, Standards of review | Comments Off on D.C.: Body cam didn’t support trial court finding of consent to feel a bag; it essentially happened as one move as officer asked for consent

S.D.Tex.: Affidavit of convicted felon who may have been conspirator and was deported wasn’t sufficient offer of proof under Franks in face of other evidence

Defendant’s claim was that alleged cocaine wrappers found were actually wrappers for peanut butter and jelly sandwiches and that’s a Franks violation. “The only evidence that Defendant has produced to support his contention that the bags contained sandwiches is the … Continue reading

Posted in Franks doctrine | Comments Off on S.D.Tex.: Affidavit of convicted felon who may have been conspirator and was deported wasn’t sufficient offer of proof under Franks in face of other evidence