Lexology: Administrative Law Judge Winnows OFCCP’s Data Request [to Google]

Lexology: Administrative Law Judge Winnows OFCCP’s Data Request by William Hays Weissman:
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PA: No REP in a gun hidden in ceiling tile at work that fell out

Officers came to the barber shop where defendant worked because of a call about a threat with a weapon. Defendant was in the bathroom, and one officer went to the door. Another went into the adjoining bathroom. Defendant put a gun in the ceiling by moving a ceiling tile. The gun fell into the hands of the officer in the adjoining bathroom. There was no violation of any reasonable expectation of privacy in the workplace. Commonwealth v. Cruz, 2017 PA Super 231, 2017 Pa. Super. LEXIS 536 (July 18, 2017).

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MN: Apt mgr’s ability to enter for maintenance purposes is not apparent authority to consent to a police search

An apartment manager’s ability to enter by law and by the lease for maintenance purposes does not give the manager or staff the ability to consent to a police entry. Here, a water leak brought maintenance who saw drug use and then they called the police who came right in relying on the landlord. Exigent circumstances and inevitable discovery also rejected. State v. Dotson, 2017 Minn. App. LEXIS 90 (July 17, 2017):
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OH5: Citizen’s suspicious person call alone doesn’t support a stop

Other than a citizen’s telephone call, the officer admitted there was nothing about defendant that made him look suspicious or that he was up to no good. The stop and frisk was suppressed. State v. Hall, 2017-Ohio-5805; 2017 Ohio App. LEXIS 2862 (5th Dist. July 11, 2017).

The stop for following too close was justified, and that led to a consensual encounter. United States v. Haulcy, 2017 U.S. Dist. LEXIS 104445 (D.N.M. July 6, 2017).*

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TN: A BOLO may be RS

“‘“[A]n alert or BOLO report may provide the reasonable suspicion necessary to justify an investigatory stop.”’ Davila v. United States, 713 F.3d 248, 258 (5th Cir. 2013) (quoting United States v. Rodriguez, 564 F.3d 735, 742 (5th Cir. 2009)); see also Dorsey v. Barber, 517 F.3d 389, 396 (6th Cir. 2008) (recognizing that ‘[p]olice officers may rely on police bulletins or flyers to detain persons based on reasonable suspicion that criminal activity is afoot to whatever extent the bulletin itself was based on articulable facts that would support reasonable suspicion’) (citations omitted).” State v. Theus, 2017 Tenn. Crim. App. LEXIS 613 (July 12, 2017).

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techdirt: DOJ Tells Court There No Need To Establish A Warrant Requirement For Stingray Devices

techdirt: DOJ Tells Court There No Need To Establish A Warrant Requirement For Stingray Devices by Tim Cushing:
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D.P.R.: Protective sweep of garage and upstairs was valid; plain view sustained, but search of closed bag suppressed

“[T]he court finds that extending the protective sweep to the garage and the second floor was within the bounds set forth by the Supreme Court in Buie and the First Circuit in United States v. Winston, 444 F.3d 115, 120 (1st Cir. 2006).” Evidence seen in plain view was properly seized, but a bag could not be searched under protective sweep. United States v. Hernandez-Mieses, 2017 U.S. Dist. LEXIS 102595 (D. P.R. June 30, 2017).

The officers had reasonable suspicion defendant was involved in drug trafficking and switching vehicles. Then he voluntarily consented. United States v. Aguirre, 2017 U.S. Dist. LEXIS 103295 (N.D. Ill. July 5, 2017).*

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C.D.Cal.: Video doesn’t support stop; suppressed

The video belies the entire basis for the stop for speeding or swerving, and the court notes that the government previously dismissed three cases from the same officer for credibility issues. The court finds no basis for the stop and suppresses. United States v. Flores, 2017 U.S. Dist. LEXIS 102962 (C.D. Cal. July 3, 2017).

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If a hit on an LPN scanner is PC for a stop, so is one on a body camera: Naked Security: Police bodycams get tech that can identify “faces and people”

Naked Security: Police bodycams get tech that can identify “faces and people” by Lisa Vaas:

Body cameras aimed at Police and other “public safety users” are getting outfitted with new abilities to identify things like stolen bicycles, missing children and other “objects of interest”.

On Monday, Motorola Solutions – formerly Motorola Inc. – announced a new partnership with machine learning startup Neurala to use object recognition AI in its Si500 body cameras.

If a hit on a license plate scanner is PC for a stop, so is one on a body camera.

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CA7: Controlled heroin buy led to drug warrant led to CP warrant

A drug raid on a convicted sex offender’s place found him with a half-naked 16 year old under the bed. She lied about her name and age, so the officers used their search warrant authorizing a search of cell phones to look for her on the phones, and they found explicit sexual images of her. Then she admitted what she was there for. A further warrant for child pornography was issued, and some was found. The initial and second warrants were valid and executed reasonably. The first warrant was based on two controlled buys of heroin. His speculation, supported by absolutely nothing, that the CI came in with the heroin just to say he bought it there is rejected. And, of course, the good faith exception applies. United States v. Fifer, 2017 U.S. App. LEXIS 12748 (7th Cir. July 17, 2017).

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