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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E.D.Mich.: No IAC where suppression motion wouldn’t be granted

Defense counsel wasn’t ineffective for not moving to suppress cell phone records in 2014 because that motion would not be granted. United States v. Scott, 2018 U.S. Dist. LEXIS 78666 (E.D. Mich. May 10, 2018).*

The CI’s information was corroborated for probable cause. The alleged false information in the affidavit wasn’t knowingly or recklessly made and didn’t undermine probable cause. United States v. Fisher, 2018 U.S. Dist. LEXIS 78444 (E.D. Mich. May 9, 2018).*

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NPRL: Body Camera Maker Weighs Adding Facial Recognition Technology

NPRL: Body Camera Maker Weighs Adding Facial Recognition Technology by Ian Wren:

The largest supplier of law enforcement body cameras in the U.S. is exploring pairing its cameras with new AI capabilities — including real-time face recognition.

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E.D.Mich.: Motion to suppress cell phone SW1 led to issuance of SW2, and SW2 was legally sufficient

Defendant’s cell phone was properly seized incident to his arrest. It was later searched with “search warrant 1.” When the defense filed a motion to suppress, the government got “search warrant 2” which was legally sufficient. United States v. Bailey, 2018 U.S. Dist. LEXIS 78445 (E.D. Mich. May 9, 2018).

The affidavit showed reason for crediting the CI’s statement. “Assuming arguendo that one of the statements [for the search warrant] was false, the Defendant has failed to show that any misstatement was made intentionally or with reckless disregard for the truth.” United States v. Alvarez, 2018 U.S. Dist. LEXIS 76849 (W.D. Tex. May 7, 2018).*

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FL4: Knock-and-talk can’t go to side door of outbuilding

The prior owner’s consent three years earlier couldn’t be attributable to defendant. [Yes, officers really said they believed that it could.] A knock-and-talk that progressed to another building within the fencing violated curtilage and the limits on knock-and-talk. Osorio v. State, 2018 Fla. App. LEXIS 6412 (Fla. 4th DCA May 10, 2018):
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AK: Refusal of consent can be used against def if state can show case-specific relevance

Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 Alas. App. LEXIS 99 (May 9, 2018) (memorandum).

State law said “warnings are required only when law enforcement officers seek entry to conduct a consensual search for contraband or evidence of a crime [in a home]. … These warnings are not required when the police are seeking entry into a home to question a resident in the course of investigating a crime.” The protective sweep here was by consent. State v. Blockman, 2018 Wash. LEXIS 330 (May 10, 2018).

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NY3: Smell and smoke from working meth lab in garage was exigency

The officer pulled into defendant’s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, 2018 NY Slip Op 03393, 2018 N.Y. App. Div. LEXIS 3365 (3d Dept. May 10, 2018).

The state trooper had 500 traffic stops where drugs were found, and his experience aided reasonable suspicion. “Here, as in Pack, Cisneros was traveling along a drug trafficking corridor, the circumstances of her trip did not appear to justify her late-night travel, she gave Trooper Nunez inconsistent accounts of her fiancé’s work, and she exhibited several indicators of nervousness. In addition, Trooper Nunez observed a piece of foam on the back seat of the Chrysler; based on his experience and training, this often indicates that contraband has been hidden inside a vehicle. These facts, which Trooper Nunez observed while effecting a lawful traffic stop of reasonable duration, created reasonable suspicion that additional criminal activity was afoot.” United States v. Cisneros-Zepeda, 2018 U.S. Dist. LEXIS 78893 (N.D. Tex. May 10, 2018).*

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CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, 2018).

The state court issued ping order on a phone was the equivalent of the search warrant. It was issued with probable cause; but, even if not, the good faith exception applies. Defendant, however, had no standing to challenge the order because he didn’t own the phone. United States v. Noriega, 2018 U.S. Dist. LEXIS 79128 (D. N.D. May 8, 2018).*

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CA5: Grounds to overcome GFE all have to be raised in the trial ocurt or waived

Defendant raises a ground to attempt to overcome the good faith exception, but he didn’t raise it in the district court, so it’s waived. United States v. Rosa, 2018 U.S. App. LEXIS 12276 (5th Cir. May 10, 2018).

When defendant was stopped, she was ordered to the ground at gunpoint. Still, this was not an arrest. The officers had reason to believe she had a “small gun” on her. The little information that was missing from the affidavit for the search warrant wasn’t material to the probable cause determination. United States v. Moore, 2018 U.S. Dist. LEXIS 76913 (D. Nev. May 7, 2018).*

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E.D.Mich.: Minor testimonial inconsistencies in testimony about a trash pull did not mean no PC

Minor testimonial inconsistencies in testimony about a trash pull did not mean there was no probable cause. United States v. Gershwin, 2018 U.S. Dist. LEXIS 77029 (E.D. Mich. May 8, 2018).

“Taken with Arguelles’s sex offender status, which included a prior conviction for possession of child pornography on an electronic device, as well as repeated violations of the sex offender registration requirements, it was fairly probable that the ‘underage’ folder on his cell phone contained pornographic material involving underage children.” United States v. Arguelles, 2018 U.S. Dist. LEXIS 77132 (N.D. Fla. May 8, 2018).

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NYTimes: Service Meant to Monitor Inmates’ Calls Could Track You, Too

NYTimes: Service Meant to Monitor Inmates’ Calls Could Track You, Too by Jennifer Valentino-DeVries:
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