N.D.Cal.: “Let me see ___” when defendant was seized is not consent

“Let me see ___” when defendant was seized is not consent. United States v. Rosette, 2018 U.S. Dist. LEXIS 80985 (N.D. Cal. May 14, 2018):
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arstechnica: Forget scanning license plates; cops will soon ID you via your roof rack

arstechnica: Forget scanning license plates; cops will soon ID you via your roof rack by Cyrus Farivar”

ELSAG LPR upgrade can ID “spare tire, bumper sticker, or a ride-sharing company decal.”

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IL: Direct appeal record isn’t adequate to determine IAC claim on failure to litigate consent search

The record doesn’t show the reason for waiving a Fourth Amendment claim against a consent search and whether a motion to suppress would have been granted if litigated. A collateral proceeding is the place to do it. People v. Williamson, 2018 IL App (3d) 150828, 2018 Ill. App. LEXIS 271 (May 14, 2018).

Plaintiff is a fired sheriff’s employee. She allegedly created a “slanderous” email under a pseudonym. It was sent through a fictitious email account on the TOR network but had an attachment that a little work identified her as the source. A search warrant for her house was sought to tie her to the “slanderous” comments. After the search, she was never charged with a crime. [What is the crime? I can’t see it.] Her suit claiming a Franks violation in the affidavit for the search warrant fails, and the officers get qualified immunity. Newell v. Wayne County, 2018 U.S. App. LEXIS 12459 (6th Cir. May 14, 2018).

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D.D.C.: Content of affidavit for SW suggests start of investigation predated Special Counsel’s appointment

The fact a 22-page affidavit for search warrant was signed before a USMJ ten days after the Special Counsel was appointed suggests that the investigation was going on long before that. The investigation is within the Special Counsel’s purview. United States v. Manafort, 2018 U.S. Dist. LEXIS 81315 (D. D.C. May 15, 2018).*

The stop was continued with reasonable suspicion, and the consent was voluntary. United States v. Khan, 2018 U.S. Dist. LEXIS 81334 (N.D. Ga. May 15, 2018).*

The affidavit as a whole has sufficient information to show probable cause, particularly considering the deferential review it’s entitled to. United States v. Banks, 2018 U.S. Dist. LEXIS 81641 (D. Minn. May 15, 2018).*

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WV: Def can’t show abuse of discretion for trial court to not consider oral motion to suppress instead of a written one

Defendant can’t show an abuse of discretion from the trial judge’s declining to consider an oral motion to suppress. The rule says it’s in the discretion of the trial court. State v. Gaiser, 2018 W. Va. LEXIS 370 (May 14, 2018).*

Everything in the record contradicts defendant’s assertion that his counsel was ineffective for not pursuing a motion to suppress that could not win. He knowingly waived the suppression issue. United States v. Williams, 2018 U.S. Dist. LEXIS 80768 (D. Minn. May 14, 2018).*

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M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply

The affidavit for the search warrant here failed to show nexus to defendant’s house under Sixth Circuit precedent. It was sufficient, however, for the good faith exception to apply because the affidavit was not so lacking in information that reliance on it was unreasonable. United States v. Anderson, 2018 U.S. Dist. LEXIS 81751 (M.D. Tenn. May 15, 2018).*

“[A]n individual’s presence in a high crime area simply does not establish reasonable suspicion. The other incidental facts present here—including Defendant speaking to the runners and an unknown male—are innocuous and not demonstrably linked to any criminal activity on the part of Defendant.” United States v. Williams, 2018 U.S. Dist. LEXIS 80483 (D. S.C. May 14, 2018).*

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ZDNet: US cell carriers are selling access to your real-time phone location data

ZDNet: US cell carriers are selling access to your real-time phone location data by Zack Whittaker:

LocationSmart, a California-based technology company, is one of a handful of so-called data aggregators. It claimed to have ‘direct connections’ to cell carrier networks to obtain real-time cell phone location data from nearby cell towers.”

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CA9: Search of car could not be sustained as inventory since there was an admitted-evidence gathering motive

The inventory here was to conduct a criminal search of the car, and it is suppressed. Officers timed the arrest when defendant was in the car [allegedly] to minimize safety concerns. They admittedly were searching for criminal evidence, and not for a community caretaking function. United States v. Johnson, 2018 U.S. App. LEXIS 12464 (9th Cir. May 14, 2018) (with two concurring that prior case law binds the outcome, but the prior case should be reconsidered):
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E.D.Mich.: Def was essentially and admittedly an “innocent bystander” at the place searched and had no standing

This defendant had no standing in the condo that was searched under a search warrant. He produced nothing to show that he had any connection to the property or was a guest with a connection to the premises, even an overnight guest. He was just an innocent bystander by his own admission [trying to distance himself from the drugs and cash]. He had standing in the cell phones taken off his person. There was probable cause for the search warrant, and it wasn’t stale. The seller of the drugs had a wiretap on his phone. United States v. Scott, 2018 U.S. Dist. LEXIS 80576 (E.D. Mich. May 14, 2018).*

Police received a Cybertip call that defendant was sex trafficking a 16 year old girl. “Given this information on how the two met, and in light of corroboration of almost every piece of information contained within the highly detailed anonymous tip, the HPD officer could reasonably rely upon the Cybertip information.” United States v. Pelfrey, 2018 U.S. Dist. LEXIS 80530 (S.D. W.Va. May 14, 2018).*

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Daily Beast: Justices Thomas and Gorsuch Just Hinted They Would End Privacy as We Know It

Daily Beast: Justices Thomas and Gorsuch Just Hinted They Would End Privacy as We Know It by Jay Michaelson:

President Trump’s addition to the Supreme Court sides with the bench’s ‘originalist’—and it has terrifying implications for your rights.

Because privacy as we know it wasn’t possible in 1791?
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SCOTUS: The driver of a rental car not on the contract may have a REP in the car

The driver of a rental car not listed on the contract may have a reasonable exception of privacy in the car
Byrd v. United States, 2018 U.S. LEXIS 2803 (May 14, 2018). Syllabus:
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Washington City Paper: Civil Rights and Activist Groups Sue Bowser Over Stop-and-Frisk Data Collection

Washington City Paper: Civil Rights and Activist Groups Sue Bowser Over Stop-and-Frisk Data Collection by Matt Cohen:

ACLU-DC, Black Lives Matter D.C., and the Stop Police Terror Project D.C. want the mayor and MPD to comply with the two-year-old law.

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