Daily Archives: November 1, 2024

NY1: Failure to controvert any facts or make an argument justifies denying suppression hearing

“Although the felony complaint, indictment, voluntary disclosure form, arraignment transcript, and search warrant affidavit disclosed to defendant provided him with ‘detailed information about the sequence of events leading up to his arrest’ …, he failed to controvert the specific information … Continue reading

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D.D.C.: Subpoena to govt contractor wasn’t too burdensome

As narrowed by the parties, the subpoena to Office Depot as a government contractor wasn’t too burdensome. United States v. Office Depot, 2024 U.S. Dist. LEXIS 197661 (D.D.C. Oct. 31, 2024)*:

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CA5: Police shooting from behind after escalating violent situation was not unreasonable

The police shooting here from behind was not unreasonable on the totality. “When McVae threw the rock, Trooper Perez had to make an immediate reflexive decision of how to protect himself in a rapidly evolving situation against an increasingly violent … Continue reading

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Bloomberg Law: Full Fourth Circuit Will Rehear Google Geofence Warrants Case

Bloomberg Law: Full Fourth Circuit Will Rehear Google Geofence Warrants Case by Cassandre Coyer. The panel opinion is United States v. Chatrie, 2024 U.S. App. LEXIS 16692 (4th Cir. July 9, 2024) (2-1), and posted here.

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OR: Backpack’s inventory on admission to treatment facility was reasonable

Police could inventory defendant’s backpack when he was picked up and transported to a treatment facility. Inventory was provided for by local ordinance. The same policies apply to inventory even if defendant isn’t in jail. State v. Wilcox, 335 Or … Continue reading

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WI: Social media TOS agreements show no REP in CP

The Terms of Service agreements of social media platforms state that they are required by law to report child pornography. Therefore, there is no reasonable expectation of privacy in one’s files that are child pornography. State v. Gasper, 2024 Wisc. … Continue reading

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CA2: 4A doesn’t incorporate state procedural rules and statutes

The constitution doesn’t incorporate state criminal procedural rules and statutes, and a violation of them doesn’t make a Fourth Amendment violation. See Virginia v. Moore. McCullough v. Graves, 2024 U.S. App. LEXIS 27503 (2d Cir. Oct. 30, 2024). The address … Continue reading

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