Daily Archives: July 1, 2021

LA2: Cell phone seizure and search moot where nothing used in court

Contemnor was in a grand jury proceeding, and he was holding his cell phone like he was recording it. Based on witness reports, a contempt order issued and the phone was seized. The court issued an order authorizing it be … Continue reading

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OH6: No RS as to def in a crowd in high crime area

Police arrived at a crowd on a parking lot in a high crime area. People were drinking in public and there was the smell of marijuana in the air, but none of that had anything to do with defendant. Thus, … Continue reading

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CA1: Failure to object to R&R was waiver for appeal

Defendant’s failure to object to the R&R on a search claim was waiver of the issue for appeal. United States v. Maldonado-Peña, 2021 U.S. App. LEXIS 19508 (1st Cir. June 30, 2021). Motorist passed out at the wheel and the … Continue reading

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WI: With no police misconduct and they “acted by the book” there is no suppression

“In this case, the Sheriff’s Office detectives acted by the book.” The exclusionary rule would not be applied to police officers finding a prior download of data in a police database and using it to connect defendant to this homicide. … Continue reading

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WaPo: Federal agencies need stricter limits on facial recognition to protect privacy, says government watchdog

WaPo: Federal agencies need stricter limits on facial recognition to protect privacy, says government watchdog by Gerrit De Vynck (“Black Lives Matter protesters, Jan. 6 rioters and regular travelers are among those targeted by agencies using the tech, including the … Continue reading

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