CA2: Second inventory search on the street was reasonable

Defendant’s car was inventoried by NYPD. After the first search, officers overheard defendant’s phone call that somebody needed to come and get the car “now,” and they surmised they overlooked something important. A second inventory was conducted, and the NYPD inventory policy didn’t even discuss the possibility [probably none do]. A second inventory was still reasonable. United States v. Williams, 2019 U.S. App. LEXIS 20262 (2d Cir. July 9, 2019):
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WaPo: A Florida cop planted meth on random drivers, police say. One lost custody of his daughter.

WaPo: A Florida cop planted meth on random drivers, police say. One lost custody of his daughter. By Meagan Flynn:
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CA11: Carpenter not retroactive for a successor habeas

Carpenter not retroactive for a successor habeas. In re Symonette, 2019 U.S. App. LEXIS 20428 (11th Cir. July 9, 2019):
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Reason: Volokh Conspiracy: The Property-in-Property Problem in Fourth Amendment Law

Reason: Volokh Conspiracy: The Property-in-Property Problem in Fourth Amendment Law by Orin Kerr:

A tale of two new cases on your constitutional rights when you leave your backpack with your drugs in someone else’s car.

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OH12: Def’s denial of ownership of her purse twice was abandonment

Defendant’s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. State v. Martin, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).*

The search warrant for child pornography here was based on a report from defendant’s son who was repairing his computer. The private search wasn’t exceeded. United States v. Blake, 2019 U.S. Dist. LEXIS 113297 (S.D. W.Va. July 9, 2019).*

This is an excessive force case. It wasn’t an abuse of discretion to admit evidence that defendant was the subject of a search warrant for being felon in possession. Care should be taken to prevent juries from unnecessarily finding out that a party has a felon, but here it was context. “Jurors ‘who hear a story interrupted by gaps of abstraction may be puzzled at the missing chapters.’ Old Chief v. United States, 519 U.S. 172, 189 (1997).” Young v. Stephens, 2019 U.S. App. LEXIS 20278 (10th Cir. July 9, 2019).*

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N.D.Okla.: A felon threatening somebody with a gun is nexus to believe the gun at his home

Defendant being a felon and allegedly threatening his alleged victim with a gun was nexus that he’d likely have it at home. United States v. Edwards, 2019 U.S. Dist. LEXIS 112265 (N.D. Okla. July 8, 2019).

Defense counsel wasn’t ineffective for not filing a motion to suppress an inventory search that was reasonable. State v. Morgan, 2019-Ohio-2785, 2019 Ohio App. LEXIS 2889 (5th Dist. July 8, 2019).*

The search warrant for defendant’s computer in a child pornography case was sufficiently particular under Attachment B incorporated by reference. United States v. Hill, 2019 U.S. Dist. LEXIS 112145 (M.D. Fla. July 6, 2019).*

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CA7: Burglar had no REP in his own backpack carried in

Defendant was stopped and searched as a suspected burglar in a house he had no business being in. Because his presence was “wrongful,” he had no reasonable expectation of privacy in the backpack he carried in. United States v. Sawyer, 2019 U.S. App. LEXIS 20299 (7th Cir. July 9, 2019).

The CI’s tip was sufficiently corroborated for the search warrant to issue. Defense counsel wasn’t ineffective for not challenging the credibility of the CI when he doesn’t show what that should have been. State v. Williams, 2019 Neb. App. LEXIS 207 (July 9, 2019).*

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Slate: Facebook’s Face-ID Database Could Be the Biggest in the World. Yes, It Should Worry Us.

Slate: Facebook’s Face-ID Database Could Be the Biggest in the World. Yes, It Should Worry Us. by April Glaser:

Every day, Facebook users upload hundreds of millions of photos to the social network. If they haven’t opted out, the software scans those photos in search of faces it recognizes. As users either agree or disagree with the recommendations of who should be tagged, Facebook’s algorithms get better. The company’s research suggests that Facebook holds ‘the largest facial dataset to date’—powered by DeepFace, Facebook’s deep-learning facial recognition system.

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D.N.H.: Directing def to get out of his car after completion of all the tasks with the stop was to prolong it, not for safety reasons

At the point the stop should have been over because nothing was awry, directing defendant to get out of the car for a patdown that led to a finding of a wad of cash prolonged the stop under Rodriguez. “Rather, the Trooper employed the request to initiate a further conversation, i.e., an investigation, after the tasks tied to the traffic stop were or reasonably should have been resolved. The court would reach the same result here if, instead of asking Hernandez out of the vehicle, the Trooper had returned to the car and begun questioning Hernandez again while he remained in his car.” United States v. Hernandez, 2019 U.S. Dist. LEXIS 113449 (D. N.H. July 9, 2019).*

A report of a robbery in progress brought the police to the house, and they could perform at least a limited search for a loaded firearm that they reasonably suspected was there. United States v. Rodriguez-Castro, 2019 U.S. Dist. LEXIS 113453 (D. R.I. July 8, 2019).*

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Casino.org: Gaming Venues May Scrutinize Biometric and Facial Monitoring of Patrons as Privacy Laws Enacted

Casino.org: Gaming Venues May Scrutinize Biometric and Facial Monitoring of Patrons as Privacy Laws Enacted by Ed Silverstein:

Casinos could increasingly become part of a national debate on how to regulate and use biometric surveillance and related high-tech methods of data collection on gaming patrons.

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CA6: Complaint about minor irrelevant details doesn’t satisfy Franks burden

Defendant failed to satisfy his pleading burden under Franks about the omission of “several seemingly irrelevant details excluded from the affidavit” for which materiality isn’t attempted to be shown. United States v. Shaffer, 2019 U.S. App. LEXIS 20200 (6th Cir. July 8, 2019).

The stop was valid based on the officer’s observation that the windshield was cracked from one side to the other. United States v. Hackett, 2019 U.S. Dist. LEXIS 111735 (D. Mont. June 5, 2019).*

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W.D.Pa.: Typo that SW had to be served same day it was issued could be overlooked

Typo on a search warrant that it had to be executed the same day it was issued could be overlooked. It was issued mid-afternoon; it clearly didn’t require that the probable cause would cease to exist at 11:59 pm that same day. United States v. Wygant, 2019 U.S. Dist. LEXIS 112167 (W.D. Pa. July 8, 2019).

Defendant was followed for no apparent reason, but one wasn’t needed. The registration was expired so the car was stopped. While working on that, a drug dog was called, arrived, and alerted before the registration issue was resolved. Therefore, the dog sniff didn’t extend the stop. United States v. Betancourt, 2019 U.S. Dist. LEXIS 112302 (S.D. Ohio July 8, 2019).*

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