Reason: Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division

Reason: Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division by Jacob Sullum (“The charges, which grew out of a lethal 2019 raid based on a fraudulent search warrant affidavit, suggest that cops routinely built their cases on lies.”):

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CA1: Inventory was shown to be investigative; suppression affirmed

“All in all, it seems inescapable that the officers seized Del Rosario’s car so that they could search it for evidence of a crime, and that they later sought to justify the search by invoking the community-caretaking exception. And while that exception might well apply even if there were also other motives for seizing the car, here the exception fits so poorly that it does not suffice to lift our eyes from the obvious conclusion that the seizure served no purpose other than facilitating a warrantless investigatory search under the guise of an impoundment inventory.” United States v. Rosario-Acosta, 2020 U.S. App. LEXIS 24363 (1st Cir. Aug. 3, 2020).

“The automobile exception continues to apply even after the vehicle is towed and impounded. See Florida v. Meyers, 466 U.S. 380, 382 (1984) (upholding warrantless search of a vehicle after “the element of mobility was removed” because the automobile had been impounded); …” United States v. Thomas, 2020 U.S. App. LEXIS 24367 (4th Cir. Aug. 3, 2020).

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W.D.N.Y.: USMJ’s credibility determination is entitled to deference

While review of the R&R is de novo, the USMJ’s credibility determination on a motion to suppress is still entitled to deference. United States v. Angulo-Gomez, 2020 U.S. Dist. LEXIS 137199 (W.D. N.Y. Aug. 3, 2020).

The government argued that the look into a hotel bathroom during an arrest was valid as a protective sweep, but the District Court failed to make any findings on that. Remanded and submission vacated. United States v. Fischer, 2020 U.S. App. LEXIS 24404 (9th Cir. Aug. 3, 2020).*

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D.Nev.: Denial of medical care after arrest can be a 4A violation, but this doesn’t measure up

“To the extent Plaintiff is asserting a denial of medical care after his arrest, but before he arrived at the detention facility, district courts within the Ninth Circuit have held that law enforcement officers are required to provide objectively reasonable post-arrest care under the Fourth Amendment. See Neuroth v. Mendocino County, No. 15-cv-03226-RS, 2018 WL 418957 (N.D. Cal. Aug. 31, 2018); Borges v. County of Eureka, No. 15-cv-00846-YGR, 2017 WL 363212, at *6 (N.D. Cal. Jan. 25, 2017).” Here, the factual allegations don’t make a claim. Jones v. United States, 2020 U.S. Dist. LEXIS 137307 (D. Nev. July 10, 2020).

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CA3: Suspended DL arrest was valid despite fact it was later dismissed in state court

Defendant’s arrest for driving on a suspended license was valid and with probable cause despite the fact he later got the charge dismissed. Bahgat v. Twp. of E. Brunswick, 2020 U.S. App. LEXIS 24326 (3d Cir. Aug. 3, 2020).

Officers encountered a car in a residential area at 1 a.m. with both doors open and defendant and another leaning into the car. Suspecting they might be stealing from the car, officers approached. They smelled marijuana and the rest of the encounter was consensual. United States v. Knights, 2020 U.S. App. LEXIS 24311 (11th Cir. Aug. 3, 2020).*

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OH3: Collins v. Virginia not retroactive on post-conviction relief

Defendant’s claim that Collins v. Virginia applied on post-conviction is denied. The search was two years before Collins was decided, and trial and appeal were over by then. It isn’t retroactive to final cases. State v. Parsons, 2020-Ohio-3917, 2020 Ohio App. LEXIS 2819 (3d Dist. Aug. 3, 2020).

There was reasonable suspicion for defendant’s stop and detention. His efforts to distinguish apparently controlling authority is inadequate. State v. Williams, 2020 SD 44, 2020 S.D. LEXIS 80 (July 29, 2020).*

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OH3: Unsigned SW still entitled to GFE

Even though the search warrant wasn’t signed in violation of the state rule, the good faith exception applies because the issuing judge found probable cause and said he issued the warrant. State v. Harrison, 2020-Ohio-3920, 2020 Ohio App. LEXIS 2821 (3d Dist. Aug. 3, 2020):

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Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts

Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts by Julia Weng & Daniel R. Stoller:

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CA11: A cell phone with 2kg of heroin and cash is PC for the phone

“[L]aw enforcement officers had probable cause to obtain a warrant to search the cell phone because it was found in a truck with two kilograms of heroin and $24,000 of loose currency during the investigation into the heroin-distribution conspiracy.” CoA denied. Lark v. United States, 2020 U.S. App. LEXIS 24273 (11th Cir. July 31, 2020).*

Defense counsel was not shown ineffective for not arguing the traffic stop was unreasonably prolonged when defendant doesn’t show any underlying facts at all. United States v. Irvin, 2020 U.S. Dist. LEXIS 136316 (W.D. Va. July 31, 2020).*

In dismissing a pro se Fourth Amendment § 1983 case, the court takes judicial notice of the public docket of all the underlying state court cases against plaintiff. Grundy v. Akron Police Dep’t, 2020 U.S. Dist. LEXIS 136332 (N.D. Ohio July 31, 2020).*

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CA6: Failure to object to USMJ’s R&R is waiver of 4A claim

Defendant waived his Fourth Amendment challenge to his stop and frisk by not objecting to the USMJ’s R&R. United States v. Smith, 2020 U.S. App. LEXIS 24261 (6th Cir. July 31, 2020).

Defendant doesn’t show any plausible basis for defense counsel to have moved to suppress the search warrant for his email accounts. Anthony v. United States, 2020 U.S. Dist. LEXIS 136125 (D. Ariz. July 30, 2020).*

Defense counsel can’t be ineffective for not challenging the probable cause supporting a search warrant when there actually was probable cause. United States v. Clark, 2020 U.S. Dist. LEXIS 136325 (D. Minn. July 31, 2020).*

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NV: Booking inventory invalid for lack of inventory and officer’s lack of memory of doing it

The booking inventory of defendant’s “bag” was invalid because of a lack of true inventory. The booking officer didn’t list what was in it because there was just too much stuff. Moreover, at the suppression hearing, she didn’t recall even doing it. Suppression affirmed. State v. Nye, 136 Nev. Adv. Op. 48, 2020 Nev. LEXIS 49 (July 30, 2020):

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E.D.Wash.: Connecting seized cell phone to internet not a search

Connecting already seized cell phone to the internet was not shown to be a search (citing no law). United States v. Murray, 2020 U.S. Dist. LEXIS 136292 (E.D. Wash. July 2, 2020).

2255 claim that defense counsel was ineffective for not filing a motion to suppress for alleged perjury in a search warrant application is purely speculative. There are ready plausible responses to his claim. Winbrone v. United States, 2020 U.S. Dist. LEXIS 136382 (D. Me. July 31, 2020).*

Plaintiff’s 1983 case over his allegedly illegal arrest still in a pending state case is barred by Younger abstention. Phillips v. Reinhart, 2020 U.S. Dist. LEXIS 136644 (E.D. Cal. July 30, 2020).*

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WaPo: Data isn’t just being collected from your phone. It’s being used to score you.

WaPo: Data isn’t just being collected from your phone. It’s being used to score you. by Harvey Rosenfield & Laura Antonini (“Operating in the shadows of the online marketplace, specialized tech companies you’ve likely never heard of are tapping vast troves of our personal data to generate secret “surveillance scores” — digital mug shots of millions of Americans — that supposedly predict our future behavior. The firms sell their scoring services to major businesses across the U.S. economy. People with low scores can suffer harsh consequences.”)

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NY Times: Why a Data Breach at a Genealogy Site Has Privacy Experts Worried

NY Times: Why a Data Breach at a Genealogy Site Has Privacy Experts Worried by Heather Murphy (“Nearly two-thirds of GEDmatch’s users opt out of helping law enforcement. For a brief window this month, that didn’t matter.”):

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CA7: Violation of police dept regulations can’t reasonably be a § 1983 claim or 4A violation

Violation of department violations can’t reasonably be a § 1983 claim or violation of the Fourth Amendment. Estate of Biegert v. Molitor, 2020 U.S. App. LEXIS 24211 (7th Cir. July 31, 2020):

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IN: Def counsel’s not filing a motion to suppress was strategic for plea purposes, not because of conflict

Defendant claimed defense counsel had a conflict of interest in not filing a motion to suppress because counsel also represented defendant’s wife. Their interests were identical in the case. The decision not to pursue the motion was to secure a favorable plea agreement, not from a conflict. Jones v. State, 2020 Ind. App. LEXIS 328 (July 31, 2020).

Defendant sat through a traffic light cycle because he was apparently unconscious behind the steering wheel. That was justification for his stop. He had no valid DL, and the towing and inventory of his car was reasonable. State v. Moody, 2020-Ohio-3899, 2020 Ohio App. LEXIS 2801 (2d Dist. July 31, 2020).*

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