Daily Archives: July 15, 2021

CA7: Extended pole camera surveillance not 4A violation

Extended pole camera surveillance not a Fourth Amendment violation. United States v. Tuggle, 2021 U.S. App. LEXIS 20841 (7th Cir. July 14, 2021). If you have a pole camera case, you need to read this. What follows is part of … Continue reading

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CA6: Officer continuing a prosecution on false evidence states a § 1983 claim

“A reasonable jury could find that Deputy Edmonds’s post-arrest incident reports contained knowing or reckless falsehoods. Drawing all inferences in favor of Ernest, Deputy Edmonds knew that Ernest never pointed his gun at her and that Ernest did not know … Continue reading

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NY2: Failure to object to SW papers admitted into evidence at trial was waiver

Failure to object to admission of the search warrant papers into evidence at trial was waiver. People v. Mack, 2021 NY Slip Op 04377, 2021 N.Y. App. Div. LEXIS 4456 (2d Dept. July 14, 2021).* “The Supreme Court reversed our … Continue reading

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OR: History of drug possession and admission to recent use not RS for person or car

“Defendant’s history of drug possession together with his acknowledgement of recent drug use do not give rise to reasonable grounds to request his consent to search his person or his car at the time of the stop. The state failed … Continue reading

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NJ: “Red flag” petition denial reversed for lack of findings

Denial of red flag petition reversed for lack of findings. “The Extreme Risk Protective Order Act of 2018 (the Act), New Jersey’s ‘red flag law,’ empowers a court to remove firearms from a person who ‘poses a significant danger of … Continue reading

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N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation

The government made an “Application request[ing] an order compelling Sabre, a travel technology firm, ‘to provide representatives of the FBI complete and contemporaneous ‘real time’ account activity’ for an individual subject to an arrest warrant—what the government refers to as … Continue reading

Posted in Automobile exception, Cell phones, Reasonable suspicion, Reasonableness, Search, Social media warrants | Comments Off on N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation