Vox: Recode: Amazon’s surveillance cameras fly now — which is unsettling

Posted on September 27, 2020 by Hall

Vox: Recode: Amazon’s surveillance cameras fly now — which is unsettling (“Amazon has announced a new way for consumers to surveil their own homes: a camera-equipped drone that connects to Ring security systems. Ring, which Amazon owns, has a history of enabling controversial levels of surveillance in homes and neighborhoods. So the addition of a flying camera that can venture into new nooks and crannies is, at best, unsettling.”)

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E.D.N.Y.: Fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in CA2

Posted on September 27, 2020 by Hall

The fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in the Second Circuit. Therefore, illegally seized evidence can be considered for probable cause to arrest. Smith v. Degirolamo, 2020 U.S. Dist. LEXIS 176310 (E.D. N.Y. Sept. 25, 2020).*

The officer was not entitled to qualified immunity for shooting a previously aggressive person who stabbed the officer in the arm with scissors but posed no threat at the time of the shooting. Lam v. City of Los Banos, 2020 U.S. App. LEXIS 30638 (9th Cir. Sept. 25, 2020).*

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KS: One who doesn’t have an administrative license can’t challenge the administrative search scheme under it

Posted on September 27, 2020 by Hall

An unlicensed entertainment establishment has no standing to challenge the administrative search provision under the licensing scheme. City of Wichita v. Trotter, 2020 Kan. App. LEXIS 69 (Sept. 25, 2020):

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AL: Manipulating object in pocket of person leaving a drug house exceeded Terry

Posted on September 26, 2020 by Hall

Defendant’s patdown resulted in an impermissible Terry and Dickerson search of her pocket. The state never showed it was apparent that the object being manipulated was a weapon. It was a search for drugs because she was stopped leaving a drug house. Ex Parte Gardner (Gardner v. State), 2020 Ala. LEXIS 138 (Sept. 25, 2020) (5-4):

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CA9: Using ruse to get def home to search his car under a SW was unreasonable

Posted on September 26, 2020 by Hall

Officers had a warrant for defendant’s house and any cars parked there, but defendant wasn’t home. Using a ruse of a burglary having happened, they lured him home so they could search the car. The search of the car was thus unreasonable. United States v. Ramirez, 2020 U.S. App. LEXIS 30635 (9th Cir. Sept. 25, 2020) (2-1):

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CA9: Prison visitor should be allowed to avoid a strip search based on RS by being permitted to leave

Posted on September 26, 2020 by Hall

A prison visitor has the right to leave a prison to avoid a strip search based on reasonable suspicion as a condition of entry. Qualified immunity, however, is granted because the right was not well established before this case. Cates v. Stroud, 2020 U.S. App. LEXIS 30633 (9th Cir. Sept. 25, 2020), summary by the court:

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PA addresses smell of MJ in a new MMJ state: it’s a factor in RS, and not determinative of RS or PC

Posted on September 26, 2020 by Hall

Under the Pennsylvania Medical Marijuana Act, the smell of marijuana is only a factor in reasonable suspicion for a detention or probable cause for a search since many Pennsylvanians can now legally possess. There is no per se rule. Presentation of a MM card is a significant factor. Commonwealth v. Barr, 2020 Pa. Super. LEXIS 826 (Sept. 25, 2020):

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N.D.Ind.: Defense counsel not ineffective for challenging state search under state constitution and not 4A too

Posted on September 26, 2020 by Hall

Defense counsel was not ineffective for making a state constitutional challenge to his search and not a Fourth Amendment one. If anything, the state challenge would have potentially provided him a better chance at relief, but it ultimately didn’t. If the state claim lacked merit, so would the federal claim. Bryant v. Warden, 2020 U.S. Dist. LEXIS 176165 (N.D. Ind. Sept. 25, 2020):

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W.D.N.C.: Indian tribes not subject to 4A claims

Posted on September 25, 2020 by Hall

“Plaintiff cannot bring a claim based on a Fourth or Fourteenth Amendment violation against an Indian tribe like the Defendant. Oviatt v. Reynolds, 733 F. App’x 929, 933 (10th Cir. 2018) (dismissing Fourth Amendment claim against an Indian tribe ‘because the Fourth Amendment does not bind Indian tribes.’); ….” Oxendine-Taylor v. Eastern Band of Cherokee Indians, 2020 U.S. Dist. LEXIS 175290 (W.D. N.C. Sept. 14, 2020).

“The probable cause standard is a practical standard, not a burden of proof at trial.” The reasonable inference from the totality of the affidavit for the search warrant showed particularity to defendant’s apartment. Defendant’s having the utilities in his name is a substantial connection to the property. Commonwealth v. Diaz-Arias, 2020 Mass. App. LEXIS 147 (Sept. 25, 2020).

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CA6: Leon‘s GFE applies to arrest warrants

Posted on September 25, 2020 by Hall

“And while Leon’s exception to the exclusionary rule arose in the context of a search warrant allegedly lacking probable cause, we think the Court would extend its basic rules to arrest warrants too. Cf. Herring v. United States, 555 U.S. 135, 137 (2009). We thus affirm.” United States v. Baker, 2020 U.S. App. LEXIS 30513 (6th Cir. Sept. 24, 2020).

Watching defendant in the public areas of a motel was neither a search nor seizure. Defendant’s stop was justified by reasonable suspicion, as was his frisk. United States v. Medina, 2020 U.S. Dist. LEXIS 175557 (D. Mont. Sept. 24, 2020).*

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CA6: Because def’s car would be towed and inventoried anyway, officer’s comments at time of seizure not determinative

Posted on September 25, 2020 by Hall

Because defendant’s car would be towed and inventoried in any event after his stop, it didn’t matter what the officer said at the time. United States v. Snoddy, 2020 U.S. App. LEXIS 30512 (6th Cir. Sept. 24, 2020).

“While Williams and Jerry insist that the district court should have accepted their version of events over Faulk’s, neither attempts to show that the district court’s credibility determinations – particularly with regard to whether the traffic infraction occurred – were based upon an impermissible view of the evidence. See id. Further, as Williams acknowledges, even if Faulk had reasons other than the witnessed infraction for making the stop, such reasons are irrelevant for Fourth Amendment purposes so long as the infraction took place.” United States v. Williams, 2020 U.S. App. LEXIS 30500 (5th Cir. Sept. 24, 2020).*

Defendant’s arrest was with probable cause, so his statements are not suppressed. United States v. Jackson, 2020 U.S. App. LEXIS 30503 (3d Cir. Sept. 24, 2020).*

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TN: Parole search is a question of standing

Posted on September 25, 2020 by Hall

Defense counsel wasn’t ineffective for not challenge defendant’s parole search. In fact, “Because the search was a condition of his parole, the petitioner does not have standing to contest the search. Oody, 823 S.W.2d at 560; Turner, 297 S.W.3d at 157.” Delosh v. State, 2020 Tenn. Crim. App. LEXIS 631 (Sept. 23, 2020).

No one factor in the totality of information the officer had was reasonable suspicion in itself, but when added up it was. It was a high crime area known for gang activity, the vehicle license was expired, and the registered owner was known to have shot two people. United States v. Dandre Montrell Gantt, 2020 U.S. Dist. LEXIS 174644 (N.D. Iowa Sept. 23, 2020).*

While being questioned about an arson without Art. 31(b) warnings, a Marine consented to entry into his barracks area, and the NCIS officers could smell gasoline on tennis shoes on the floor. He was a person of interest up until then, and a suspect after. Warnings not required until he was a suspect. United States v. Metz, 2020 CCA LEXIS 334 (N.-M. Ct. Crim. App. Sept. 23, 2020).*

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FL1: Def didn’t show grounds for access to unredacted SW affidavit

Posted on September 25, 2020 by Hall

Defendant did not make a sufficient showing to get access to the sealed portion of the affidavit for search warrant by simply saying that the information in the affidavit was likely stale. He needed to avail himself of the discovery process to make a record for appeal. Hill v. State, 2020 Fla. App. LEXIS 13354 (Fla. 1st DCA Sept. 24, 2020):

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Prosecutors drop charges against Robert Kraft

Posted on September 24, 2020 by Hall

CBS2 News (Palm Beach): Prosecutors drop charges against Robert Kraft by Gary Detman

WaPo: Charges against Patriots’ Robert Kraft dropped in Florida after ruling on video evidence by Matt Bonesteel

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S.D.N.Y.: Affidavit for SW in large scale drug operation justified no-knock provision

Posted on September 24, 2020 by Hall

The no-knock provision in this search warrant was justified by the affidavit in support of the warrant. United States v. Bryant, 2020 U.S. Dist. LEXIS 174793 (S.D. N.Y. Sept. 23, 2020):

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D.Minn.: Apparent typo in a telephone number in a search warrant isn’t a Franks violation

Posted on September 24, 2020 by Hall

An apparent typographical error in a telephone number in a search warrant isn’t a Franks violation. United States v. Green, 2020 U.S. Dist. LEXIS 174674 (D. Minn. Sept. 23, 2020).

Filter teams to protect privileged material are not per se unreasonable where the business searched had general counsel and outside counsel offices on the premises, too. The protocol is modified, however. In re Sealed Search Warrant & Application for a Warrant, 2020 U.S. Dist. LEXIS 174542 (S.D. Fla. Sept. 23, 2020).

Anders brief: The affidavit for search warrant showed probable cause and the good faith exception applies. United States v. Rodriguez, 2020 U.S. App. LEXIS 30402 (4th Cir. Sept. 23, 2020).*

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D.N.M.: Def drew a diagram of shooting scene in his statement, and that provided nexus for SW for forensic evidence

Posted on September 24, 2020 by Hall

Defendant’s shooting scene diagram during his statement created nexus for the search warrant to find forensic evidence of a homicide. United States v. Smith, 2020 U.S. Dist. LEXIS 174615 (D.N.M. Sept. 23, 2020):

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MA: SW affidavit showed inference def’s house was base of operation for drug operation, and that’s nexus

Posted on September 24, 2020 by Hall

The affidavit for search warrant here raised more than an inference that defendant’s home was used as a base of operations for his drug dealing enterprise, and that was nexus. Commonwealth v. Andre-Fields, 2020 Mass. App. LEXIS 145 (Sept. 23, 2020).

An arrest warrant nullifies a false arrest case. The alternative is malicious prosecution. Spinnenweber v. Wallace, 2020 U.S. App. LEXIS 30393 (11th Cir. Sept. 23, 2020).

Recorded jail calls are admissible because there is no reasonable expectation of privacy in them. People v Shear, 2020 NY Slip Op 05059, 2020 N.Y. App. Div. LEXIS 5184 (2d Dept. Sept. 23, 2020).

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IA: All exculpatory evidence doesn’t have to be presented to issuing magistrate under Franks

Posted on September 24, 2020 by Hall

“Case failed to make a preliminary showing to warrant a Franks hearing. See Baker, 925 N.W.2d at 615 (‘[A]n officer applying for a search warrant is not required to present all inculpatory and exculpatory evidence to the magistrate, only that evidence which would support a finding of probable cause.’ …).” State v. Case, 2020 Iowa App. LEXIS 932 (Sept. 23, 2020).

An officer may arrest for any offense in his presence, misdemeanor or felony. State v. Shrimpton, 2020 Iowa App. LEXIS 909 (Sept. 23, 2020).

Broken back window of car with black tape holding it together justified a traffic stop. United States v. Beardsley, 2020 U.S. Dist. LEXIS 174286 (S.D.W.Va. Sept. 23, 2020).*

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CA11: Shooting suicidal person who posed no threat to others unreasonable

Posted on September 24, 2020 by Hall

Shooting a suicidal person three times without an effort to deescalate was unreasonable. The officer came upstairs with a gun drawn without knowing of any risk to himself, and there never was. Teel v. Lozada, 2020 U.S. App. LEXIS 30358 (11th Cir. Sept. 23, 2020).*

“Wheelock argues a warrantless blood draw violated his Fourth Amendment right against unreasonable search and seizure. Wheelock also waived this issue by entering a guilty plea.” Wheelock v. State, 2020 Tex. App. LEXIS 7679 (Tex. App. – Austin Sept. 23, 2020).*

Defendant’s wife consented to an entry and search even if he didn’t. “Thus, the Court is not persuaded that Officer Przybylo and Officer Huertas violated the Fourth Amendment by merely stepping over the threshold of the front door and standing next to Wang in the entryway.” United States v. Huazhi Han, 2020 U.S. Dist. LEXIS 174123 (N.D. Ill. Sept. 23, 2020).*

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