WI: No REP in a computer left running online P2P

Wisconsin follows the uniform rule from all other courts and holds that there is no reasonable expectation of privacy in computer files available on eDonkey P2P network under either the Fourth Amendment or the state constitution. State v. Baric, 2018 Wisc. App. LEXIS 764 (Sep. 18, 2018).*

“As a result, even if I assume the magistrate judge lacked the authority to issue the NIT Warrant, I conclude the officers executing the NIT Warrant objectively acted in good faith, and deny Sutter’s motion to suppress based upon the NIT Warrant.” The Playpen warrant led to a search warrant for defendant’s house. Because the good faith exception applies, defendant doesn’t get a hearing on what the officer knew about Playpen warrants in general and whether some other court once held that a Playpen warrant was unreasonable. United States v. Sutter, 2018 U.S. Dist. LEXIS 159124 (N.D. Ohio Sep. 18, 2018).*

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ID: A parole arrest done by a LEO on the parole officer’s request doesn’t violate 4A

A parole arrest wasn’t in violation of the Fourth Amendment just because a parole officer got a law enforcement officer to do it. There also was probable cause for the arrest. State v. Ayala, 2018 Ida. App. LEXIS 41 (Sep. 18, 2018).

Defense counsel wasn’t ineffective for not objecting to the government’s use of the video of defense arrest. There was no mention of the crime of the arrest and there was no apparent prejudice. United States v. Needham, 2018 U.S. Dist. LEXIS 158885 (W.D. La. Sep. 13, 2018).*

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D.Kan.: Having a 15-year-old runaway in a motel room falsely implying a marital relationship is exigency for entry

Defendant was accused of staying in a motel with a 15-year-old runaway apparently listed with the hotel as his likely wife, and the facts presented to the officers, as in other courts in similar cases, provided exigent circumstances. Probable cause is still required for an arrest on entry, and it was present here. United States v. Carmona, 2018 U.S. Dist. LEXIS 158515 (D. Kan. Sep. 18, 2018):
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N.D.W.Va.: Victim of assault with firearm provided PC for SW for gun

Defendant’s girlfriend reported to police that he had a firearm and used it to break a window in her car and strike her when she was trying to leave. There was probable cause for the warrant for the firearm, and the good faith exception applied. United States v. Brown, 2018 U.S. Dist. LEXIS 158205 (N.D. W.Va. Sep. 17, 2018).*

The search warrant for CSLI had a factual basis and defense counsel wasn’t ineffective for not challenging it. State v. McKee, 2018-Ohio-3741, 2018 Ohio App. LEXIS 4044 (11th Dist. Sep. 17, 2018).*

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CA9: Police supervisor’s alleged after-the-fact acquiescence in an alleged illegal search isn’t a § 1983 claim

A police supervisor’s post-hoc alleged acquiescence that he didn’t participate in an alleged illegal search doesn’t state a claim against the supervisor. Hunt v. Davis, 2018 U.S. App. LEXIS 26265 (9th Cir. Sep. 17, 2018).

The officers corroborated enough of the CI’s information to show probable cause. Defendant’s Franks claim doesn’t allege or show falsity to undermine it, let alone that it was included recklessly. United States v. Adams, 2018 U.S. Dist. LEXIS 157719 (D.S.C. Sep. 17, 2018).*

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techdirt: FBI Facial Recognition Expert Helps Denver PD Arrest Wrong Man Twice For The Same Crime

techdirt: FBI Facial Recognition Expert Helps Denver PD Arrest Wrong Man Twice For The Same Crime by Tim Cushing

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techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off.

techdirt: Qualified Immunity Contradicts Congressional Intent. It’s Time To Kill It Off. by Tim Cushing:
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AZ: The drug courier profile has its place in supporting RS, but it doesn’t have any place at trial

Drug courier profile evidence has its place (“Drug-courier profile evidence suggests that a defendant possesses one or more behavioral characteristics typically displayed by persons trafficking in illegal drugs. See State v. Haskie, 242 Ariz. 582, 585 ¶ 14, 399 P.3d 657 (2017); State v. Lee, 191 Ariz. 542, 544 ¶ 10, 959 P.2d 799 (1998).”) but it is fundamental error to use it at trial to convict defendant for what others have done in the past. State v. Escalante, 2018 Ariz. LEXIS 329 (Sep. 14, 2018).

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FL1: Possessor of USB drives who acquired them trading for drugs had apparent authority to consent

Defendant’s vehicle had been burglarized and USB drives were also stolen. The police report omitted them. Later, another guy acquired the USB drives when he was buying drugs. When he was busted, he turned them over to the police telling them how he acquired them and “He told the officers that this was the ‘mother lode’ and that the drives contained ‘some sick shit.’” The officers didn’t know that the USB drives were stolen. In investigating the USB drives, the police determined from other things on them that they likely were defendant’s. The searches of the USB drives were valid because they were done with apparent authority of the apparent owner who acquired them for drugs. Duke v. State, 2018 Fla. App. LEXIS 13050 (Fla. 1st DCA Sep. 14, 2018).).

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CA10: You can’t tell the court it needs to apply the independent source case law a certain way and then complain on appeal that it did what you asked

This case started with hotel housekeeping coming in to clean a room and seeing obvious drug paraphernalia. The police were called, and they were shown. A search warrant was prepared showing probable cause to connect defendants to the room by video of them entering the room (the hotel was connected to a casino so there was video). Defendants proposed to the district court a particular approach for applying the independent source doctrine in Murray. After the district court denied the motion to suppress, defendants appeal arguing that the district court misapplied Murray. This is invited error, and they can’t argue now the district court misapplied it. United States v. Amador, 2018 U.S. App. LEXIS 26061 (10th Cir. Sep. 14, 2018).

A search warrant included a tablet’s memory card for images (still and moving) of possible drug transactions. When officers searched the memory card they found child pornography. The motion to suppress only challenged moving images and not still images, so the argument still images were unconstitutionally obtained isn’t supported for appeal. In addition, the argument was conclusorily presented and the court won’t make the argument for him. Applegate v. Commonwealth, 2018 Ky. App. LEXIS 239 (Sep. 14, 2018).

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S.D.N.Y.: “Particularity is not to be confused with breadth — they are ‘related but distinct concepts.’”

A broad Facebook warrant for electronically stored information was not unconstitutionally overbroad. “Particularity is not to be confused with breadth — they are ‘related but distinct concepts.’” A Facebook warrant can be issued in New York and served on Facebook’s headquarters in California under the SCA. United States v. Purcell, 2018 U.S. Dist. LEXIS 156648 (S.D. N.Y. Sep. 14, 2018):
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D.Idaho: RS for continuing a traffic stop can be based on a violation of probation conditions

Reasonable suspicion for continuing a traffic stop can be based on a violation of probation conditions, as was this one. United States v. Durr, 2018 U.S. Dist. LEXIS 157472 (D. Idaho Sep 15, 2018).

Petition for writ of error coram nobis doesn’t lie for alleged Fourth Amendment claim as a basis for claiming defendant’s plea was involuntary. United States v. Mann, 2018 U.S. Dist. LEXIS 156643 (W.D. Va. Sep. 14, 2018).*

Defendant worked for an apparent convenience store with a drive through. A tobacco control undercover operation was being run for sales to minors. Defendant’s backpack was behind the counter with him, and the officer could see marijuana visible in the backpack from outside the cashier area. The plain view was valid. State v. Gary, 2018-Ohio-3696, 2018 Ohio App. LEXIS 4000 (2d Dist. Sep. 14, 2018).*

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