W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion

The defendant’s cell phone was seized during a child pornography raid. The phone was attempted to be searched reasonably promptly, and it was confirmed there was child pornography on it. The search was not completed, however, because of problems with the software and equipment to do it. It was followed up seven months later. The later search was still reasonable, despite the limitations in the warrant on a 14 day window, and would not be excluded. The phone had been secured throughout. United States v. Keeter, 2018 U.S. Dist. LEXIS 116202 (W.D. Mo. July 12, 2018):
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CA11: Newly discovered evidence that officer committed perjury years after obtaining def’s SW wasn’t sufficient for successor habeas

Newly discovered evidence that the police officer involved in obtaining the search warrant for petitioner had committed perjury in some other proceeding years later wasn’t sufficient to show actual innocence for successor habeas. In re Taylor, 2018 U.S. App. LEXIS 19236 (11th Cir. July 13, 2018):
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NMCCA: Despite lack of PC for search authorization, GFE applies because everybody thought there was PC

Defendant service member had sex with another service member, allegedly taking pictures and videos of her. Then he allegedly tried to extort her over the pictures, which she reported. A search authorization was issued for defendant’s on base housing to look for the pictures as a part of the extortion scheme. The court concludes first that there was no probable cause for the search authorization [something many would disagree with], but then finds that the good faith exception makes it admissible. Everybody involved thought there was probable cause [except the appeals court], so the searching officer was acting with good faith. The rest of the Leon factors in M.R.E. 311(c)(3) favor no exclusion. United States v. Perkins, 2018 CCA LEXIS 336 (N.-M. Ct. Crim. App. July 12, 2018):
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NY3: Neutral and detached magistrate claim has to be preserved for appeal

Defendant’s claim that the issuing magistrate was not neutral and detached was not preserved for appellate review. And, in any event, it lacks merit because there was plenty of probable cause. People v. Schaefer, 2018 NY Slip Op 05235, 2018 N.Y. App. Div. LEXIS 5163 (3d Dept. July 12, 2018).

“DeMeulenaere seeks a COA to appeal the district court’s rulings that his trial counsel was not ineffective for failing to investigate the circumstances surrounding the search of his vehicle and for not filing a motion to suppress the drug evidence found in the vehicle. He contends that an investigation would have revealed facts to support a successful motion to suppress the drugs, which would have resulted in the dismissal of the charges or a significantly lower sentence.” He provides no facts to support what would have been found out if such an investigation had been done. The only evidence the court has is that the search of the car was with probable cause and justified under the automobile exception. COA denied. United States v. Demeulenaere, 2018 U.S. App. LEXIS 18994 (10th Cir. July 12, 2018).*

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TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018).

The search warrant for defendant’s residence for evidence of sex trafficking was not stale. Some of the information developed was six years old, showing it was ongoing. He was alleged to be a “house boss” working from home, and that provided nexus to his house. United States v. Morris, 2018 U.S. Dist. LEXIS 115299 (D. Minn. July 11, 2018).*

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E.D.N.C.: Passenger’s possession of counterfeit drugs didn’t justify search of def’s car

Defendant’s passenger having alleged counterfeit drugs on his person didn’t provide probable cause for a search of defendant’s car under the automobile exception. United States v. Daughtridge, 2018 U.S. Dist. LEXIS 115326 (E.D. N.C. July 11, 2018).

You can’t relitigate a motion to suppress via 2255 habeas. Law of the case applies. Minney v. United States, 2018 U.S. Dist. LEXIS 116355 (S.D. Ind. July 13, 2018).*

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N.D.Ind.: Protective sweep here was based on officers’ experience and not on any specific facts and was still reasonable

The officers here had no specific information there was anybody else in defendant’s house when they did a protective sweep. Nevertheless, the sweep is reasonable. Officers are also entitled to draw on their experience in determining whether a protective sweep is necessary, and, in their experience, others could have been present. Defendant’s involvement in drugs and gangs was enough. United States v. Sanders, 2018 U.S. Dist. LEXIS 115345 (N.D. Ind. July 11, 2018) (I’m not convinced; getting “no response” when knocking on door happens when the house is empty, after all. So, the officer was coming in no matter what then?):
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D.Md.: Officer gets QI for arresting person with same name but it turned out warrant was for far younger woman of different race

Plaintiff was legally blind but owned her car. She was a passenger in the back seat. After the vehicle was stopped, the officer found a warrant for a person with the same name as her. She protested she wasn’t the one. He took her in, causing her pain and to collapse during the arrest process. After a few hours, the fax confirmation of the warrant came in and it was for a 20 year younger white woman, and plaintiff is African-American. In a Bivens action, the officer gets qualified immunity. The fact the name was the same was enough. Williams v. United States, 2018 U.S. Dist. LEXIS 115005 (D. Md. July 11, 2018).*

The alleged material omissions, if supplied, still leaves probable cause for the search warrant. United States v. Charles, 2018 U.S. App. LEXIS 18964 (8th Cir. July 12, 2018).*

Guilty plea waived appeal of denial of suppression motion. People v. Brown, 2018 NY Slip Op 05188, 2018 N.Y. App. Div. LEXIS 5079 (2d Dept. July 12, 2018).*

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S.D.Tex.: Ct credits def’s version; on govt’s: “Hypothetical could-haves or would-haves simply will not do.” Govt conceded gamma ray scan was search.

Defendant was stopped at the I-35 immigration check point near Laredo. The video is soundless and 14 seconds long. The officer’s version doesn’t seem possible within the time of the video, but the defendant’s does. The officer had the defendant pull his truck forward for a gamma ray inspection (“VACIS”) which the government concedes is a search of his truck. The court credits the defendant’s version and finds the consent invalid. “Hypothetical could-haves or would-haves simply will not do.” United States v. Cordes, 2018 U.S. Dist. LEXIS 115441 (S.D. Tex. July 11, 2018):
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Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints?

Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints? by Duane Morris LLP.

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D.D.C.: Random drug testing of day care employees unreasonable

Random suspicionless government mandated drug testing of day care employees unreasonable because there is no compelling governmental interest. Ass’n of Indep. Sch. of Greater Wash. v. District of Columbia, 2018 U.S. Dist. LEXIS 70146 (D.D.C. April 20, 2018), reconsideration denied, 2018 U.S. Dist. LEXIS 115066 (D.D.C. July 11, 2018):
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The Verge: California malls have been feeding license plate data to a national network linked with ICE

The Verge: California malls have been feeding license plate data to a national network linked with ICE by Russell Brandom:

A number of California malls appear to be feeding data back to a national license-plate reader network linked to Immigration and Customs Enforcement.

Ratting out your own customers. How hospitable.

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