Monthly Archives: September 2021

RawStory: FBI used secret Google tracking data to nab Capitol rioters

RawStory: FBI used secret Google tracking data to nab Capitol rioters by John Wright (“Federal prosecutors have cited secretive ‘geofence’ warrants — which allow law enforcement to pinpoint cell-phone users’ precise locations over time — in 45 Capitol riot cases, … Continue reading

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E.D.Wis.: Threat to arrest high school student for social media post about Covid violates 1A

Officer’s threatening to arrest a high school student and her parents for disorderly conduct if she didn’t take down a social media post about her exposure to Covid violated the First Amendment. Cohoon v. Konrath, No. 20-cv-0620-BHL (E.D.Wis. Sept. 24, … Continue reading

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C.D.Cal.: Private collection of LPNs violates no right of privacy

Private collection of LPNs by automated readers at parking lots violates no right of privacy. “Similarly, Plaintiffs assert only in conclusory terms how they have been affected by Defendants’ allegedly unauthorized use of their ALPR data. Plaintiffs allege no facts … Continue reading

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CA8: Running a false affidavit through the prosecutor doesn’t create QI

Running an allegedly false affidavit through the prosecutor doesn’t create qualified immunity for the affidavit. Wheeler v. City of Searcy, 2021 U.S. App. LEXIS 29364 (8th Cir. Sept. 29, 2021). The New Jersey Division of Child Protection & Permanency (“DCPP”) … Continue reading

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CA10: High speed chase justifies search under automobile exception

A high speed chase justifies an automobile exception search of the car when it’s finally stopped. Here there was a dog alert before. United States v. Chavez, 2021 U.S. App. LEXIS 29287 (10th Cir. Sept. 28, 2021). The rules of … Continue reading

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CA10: Inventory was reasonable, and counsel’s admission at oral argument was binding

“For these reasons, we conclude that the officers had a reasonable, non-pretextual, community-caretaker rationale for impoundment: securing an uninsured vehicle on the side of a public road with inadequate taillights until a licensed driver with a legitimate connection to the … Continue reading

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D.Md.: Exit border search doesn’t require particularized suspicion

The exit border search of defendant’s bags and computers was reasonable in this government fraud investigation. Particularized suspicion wasn’t even required, albeit present. United States v. Nkongho, 2021 U.S. Dist. LEXIS 184402 (D.Md. Sept. 27, 2021). Plaintiff’s stop for allegedly … Continue reading

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D.Alaska: SW affidavit accidentally in the jury room during deliberations wasn’t looked at so no error

The search warrant affidavit for the search warrant for defendant’s backpack accidentally went to the jury room in deliberations with the backpack. The court finds that this wasn’t error because 10 of the 12 jurors said they didn’t know that … Continue reading

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CO: Abuse of discretion standard applies to expanding search issues on remand

The abuse of discretion standard applies to trial courts permitting the parties to make additional arguments or put on additional evidence on remand within the scope of the remand. The appellate court’s standard is rejected. People v. Tallent, 2021 CO … Continue reading

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ID: State’s argument on timing of when RS arose changed on appeal, so it’s waived

The trial court invited the state to brief reasonable suspicion for the stop, but it instead relied exclusively on the community caretaking function. It argued below that reasonable suspicion developed after the stop. On appeal, it argued reasonable suspicion justified … Continue reading

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PA: State failed to show nexus to house as “base of operations”

Police set up controlled buys with the defendant and watched. He left his home, went to one or two locations, went inside, came out, and drove to the place for the deal. Nexus was thus lacking to his house. The … Continue reading

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LATimes: Greyhound settles lawsuit over immigration sweeps on buses

LATimes: Greyhound settles lawsuit over immigration sweeps on buses (“Greyhound Lines Inc. will pay $2.2 million to settle a lawsuit over the bus line’s practice of allowing U.S. Customs and Border Protection agents to board its buses in Washington state … Continue reading

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CT: SW for blood was independent source from extension of stop

The search warrant for defendant’s blood is a valid independent source from the alleged extension of the stop. State v. Fields, 2021 Conn. App. LEXIS 341 (Sept. 28, 2021).* The circumstances of this stop and arrest are objectively reasonable, so … Continue reading

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N.D.Tex.: Three day seizure of inmate’s legal papers was reasonable

Jail seizure of plaintiff’s legal papers for three days was not unreasonable. “Here, Plaintiff has not shown that the seizure of his personal property by jail officials—during a disturbance he created—violated his rights under the Fourth Amendment. And Plaintiff acknowledges … Continue reading

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OH1: Exclusionary rule doesn’t apply in probation revo proceedings

The exclusionary rule does not apply to probation revocation proceedings. (Defendant relies on a 1983 case overruled in 1996.) State v. Richardson, 2021-Ohio-3362, 2021 Ohio App. LEXIS 3302 (1st Dist. Sept. 24, 2021). Defendant’s 2255 reasserts numerous claims, one of … Continue reading

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NV: Failure to complete inventory after finding gun in plain view was reasonable

The officer’s failure to complete the inventory after finding a gun in plain view and seizing it was reasonable under the circumstances. Jim v. State, 137 Nev. Adv. Op. 57, 2021 Nev. LEXIS 59 (Sept. 23, 2021):

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D.S.C.: SW affidavit remains under seal; redaction not yet practical

Government shows grounds to keep this search warrant affidavit under seal for up to a year or when the court should revisit it. Redaction is impractical. In the Matter of the Application of the United States of America for a … Continue reading

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The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare

The Intercept: Federal Prisons’ Switch To Scanning Mail Is A Surveillance Nightmare (“The Bureau of Prisons has piloted a program that can give authorities ‘huge secret intelligence into the public sender of postal mail.’”) Politico: Covert Postal Service unit probed … Continue reading

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E.D.Mich.: Listing inventory on police report and not inventory sheet not unreasonable

“Therefore, the officers’ decision to list the items recovered during the inventory search in the Incident Report and not on the Impound Report does not invalidate the inventory search.” United States v. Morris, 2021 U.S. Dist. LEXIS 182946 (E.D.Mich. Sept. … Continue reading

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VT: Roving CBP patrol stop one mile from Canadian border violated state const. even though probably not 4A

A roving border patrol stop a mile from the Canadian border led to state charges against defendant. The court holds the state constitution was violated even if the Fourth Amendment was not, and the evidence should be suppressed. State v. … Continue reading

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