IA: PC for car search includes purse found in it

Probable cause for search of a car includes a woman’s purse found in the car. State v. Swenson, 2019 Iowa App. LEXIS 36 (Jan. 9, 2019).

A dog sniff of a car doesn’t require reasonable suspicion or probable cause something will be found before it happens. Defendant’s claim a search warrant was required for a dog sniff has no authority whatsoever and is contrary to settled law here. State v. Apfel, 2019 Iowa App. LEXIS 31 (Jan. 9, 2019).

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S.D.Fla.: Observing MLAT search in Canada not enough to invoke “joint venture” doctrine

The government’s MLAT request to Canada to seize records there and then being there to observe for relevance of what was seized was not a “joint venture” when Canada acted on the request. A “joint venture” requires actual involvement, not observation. United States v. Kachkar, 2018 U.S. Dist. LEXIS 218445 (S.D. Fla. Dec, 26, 2018), adopted, 2019 U.S. Dist. LEXIS 1665 (S.D. Fla. Jan. 4, 2019):
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SCOTUS: In QI in excessive force cases, a “clearly established” right needs to be defined with specificity

In confronting qualified immunity in excessive force cases, a “clearly established” right needs to be defined with specificity. City of Escondido v. Emmons, 17-1660 (U.S. Jan. 7, 2019) (per curiam) [pdf at 27]:
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ABAJ: How to redact a PDF and protect your clients

ABAJ: How to redact a PDF and protect your clients by Jason Tashea:
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CA1: MNT on newly discovered evidence search might be unreasonable needs to show that it would have changed outcome

Defendant filed a motion for new trial after his appeal based on a Giglio claim that certain information, which he is found to merely speculate about, would show that an illegal search occurred before he was indicted. His argument fails because he didn’t argue, and apparently can’t show, that the search would have been found unreasonable if he had it. United States v. Ponzo, 2019 U.S. App. LEXIS 719 (1st Cir. Jan. 9, 2019).

The fact there was a spoon seen by an officer that he believed had drug residue on it but it turned out to be dried yogurt, didn’t undermine his search claim for a 2255. Defendant essentially concedes the officer was merely wrong, and his inference was credited by the issuing Magistrate. United States v. Hagberg, 2019 U.S. Dist. LEXIS 2683 (D. Mont. Jan. 8, 2019).*

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WY: Detention was reasonably extended as RS developed and defendant consented

Defendant’s motion to suppress drugs seized after a traffic stop because of the scope of the detention was denied, given that the original purpose of the stop was not yet complete when the officer inquired about defendant’s travel plans and rental car agreement. Defendant thus voluntarily consented to further questioning, and during the officer’s conversation with defendant he smelled marijuana, which gave him probable cause to search defendant’s car. Ray v. State, 2018 WY 146, 2018 Wyo. LEXIS 151 (Dec. 31, 2018).*

Trial court’s comment on the ease of getting a search warrant didn’t denigrate defense counsel or deny a fair trial. State v. Swint, 2018-Ohio-5384, 2018 Ohio App. LEXIS 5698 (5th Dist. Dec. 21, 2018).*

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D.Mass.: Part of CI’s criminal history wasn’t disclosed, but enough was; CI was corroborated, and there was PC

The affiant didn’t withhold enough of the CI’s criminal history to be misleading. Not all of it was disclosed, but enough was to show he was part of the criminal milieu. And even if the withholding was significant, there was still plenty of probable cause in the affidavit. The amount withholding doesn’t undermine it. And the CI was corroborated. United States v. Nuzzolilo, 2019 U.S. Dist. LEXIS 2184 (D. Mass. Jan. 7, 2019).*

The government used CSLI information in 2015 to connect defendant to a kidnapping that occurred months earlier. It was before Carpenter, and it was lawful at the time it was done. Motion to suppress CSLI denied. United States v. Alejandre, 2019 U.S. Dist. LEXIS 2048 (N.D. Ill. Jan. 7, 2019).*

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E.D.Cal.: Camping in a nonapproved area of Yosemite National Park was a reasonable suspicion

Camping in a nonapproved area of Yosemite National Park after a warning not to was reasonable suspicion for a stop. United States v. Ontiveros, 2019 U.S. Dist. LEXIS 2791 (E.D. Cal. Jan. 8, 2019).*

Defendant over time filed five motions to exclude an incriminating jail call for a different reason each time, and they were all denied. United States v. Anaya, 2019 U.S. Dist. LEXIS 3296 (D. N.M. Jan. 8, 2019).*

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D.V.I.: Court doubts legal authority for border searches from mainland to VI, but GFE applies

The court doubts the legal basis for customs searches of people traveling nonstop from the U.S. mainland to the Virgin Islands because there is no international travel. Reliance on the V.I. Code doesn’t provide any real help to the government. “Nonetheless, because the Court concludes based on its analysis of Hyde that warrantless and suspicionless searches at the internal customs border are reasonable for Fourth Amendment purposes only if those searches are federally authorized-and because the searches in the instant cases were not so authorized-the Court has determined that the searches here were unreasonable under the Fourth Amendment.” Nevertheless, this has been going on for a long time, and the good faith exception applies. United States v. Barconey, 2019 U.S. Dist. LEXIS 3329 (D. V.I. Jan. 8, 2019).

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ACLU blog: William Barr Helped Build America’s Surveillance State

ACLU blog: William Barr Helped Build America’s Surveillance State by Neema Singh Guliani & Brian Tashman:
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WaPo: Police seeking DNA of male staff at health-care facility where woman in vegetative state gave birth

WaPo: Police seeking DNA of male staff at health-care facility where woman in vegetative state gave birth by Herman Wong and Cleve R. Wootson Jr.:

Police investigators are seeking DNA samples from male staff members at a private care facility in Arizona where a woman in a vegetative state gave birth to a child, the company said Tuesday.

Hacienda HealthCare said in a statement that Phoenix police investigators served a search warrant for the samples. “As a company, we welcome this development in the ongoing police investigation,” the company said.

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CA11: Questioning during stop exceeded Rodriguez, but it was before that, so GFE applies

The stop was reasonable, and the questioning of the motorist was valid at the time it happened (December 2013). Under Rodriguez, however, the stop was unlawfully extended. Under the good faith exception, the detention was still valid. United States v. Campbell, 2019 U.S. App. LEXIS 530 (11th Cir. Jan. 8, 2019):
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