NYTimes: N.S.A. Triples Collection of Data From U.S. Phone Companies

NYTimes: N.S.A. Triples Collection of Data From U.S. Phone Companies by Charlie Savage:
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NYTimes: Drug Arrests at Immigration Checkpoint Violated Constitution, New Hampshire Court Finds

NYTimes: Drug Arrests at Immigration Checkpoint Violated Constitution, New Hampshire Court Finds by Ron Nixon:
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CA4: It’s a reasonable inference that evidence of bank fraud will be found at home

It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, but it is still a reasonable inference. United States v. Lewis, 2018 U.S. App. LEXIS 11693 (4th Cir. May 4, 2018):
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NY4: Oral motion to suppress denied; has to be written

An oral motion to suppress fails. It was required to be in writing for the record. People v. Hinojoso-Soto, 2018 NY Slip Op 03264, 2018 N.Y. App. Div. LEXIS 3195 (4th Dept. May 4, 2018).

Driving a car at a federal officer who was at defendant’s house to execute an arrest and search warrant was a federal crime. United States v. Wright, 2018 U.S. Dist. LEXIS 74862 (D. Nev. May 3, 2018).

After defendant’s property was searched, he photographed the license number of one of the officers and then found out his home address. The government moved to use five text messages between him and another right after the search asking about the officer as evidence of an intent to conspire to intimidate the officer. Alone, they don’t mean anything, so the motion is denied. United States v. Archuleta, 2018 U.S. Dist. LEXIS 75536 (D. N.M. May 4, 2018).*

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E.D.Ky.: A cell phone left in an abandoned car is also abandoned

A cell phone left in an abandoned car is also abandoned. United States v. Green, 2018 U.S. Dist. LEXIS 75738 (E.D. Ky. May 4, 2018).

The police had a search warrant for animal fighting for the dogs and papers for ownership of the dogs. Once on the premises, dog fighting paraphernalia was in plain view and its incriminating nature was immediately apparent. People v. Bishop, 2018 NY Slip Op 03265, 2018 N.Y. App. Div. LEXIS 3220 (4th Dept. May 4, 2018).*

A scale recovered during a drug search is harmless error, if error at all, compared to the evidence seized. People v. Credell, 2018 NY Slip Op 03278, 2018 N.Y. App. Div. LEXIS 3203 (4th Dept. May 4, 2018).*

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D.N.J.: Previous finding of good faith applies to later Franks challenge

Defendant had already filed a suppression motion and lost on good faith. Now he files a motion based on Franks that statements of witnesses in quote marks weren’t accurate. The previous finding of good faith carries over to here, and there is no showing of recklessness or intentional falsehood. United States v. Baer, 2018 U.S. Dist. LEXIS 74491 (D. N.J. May 3, 2018), reconsideration den. 2018 U.S. Dist. LEXIS 133804 (D. N.J. Aug. 8, 2018).

45 search warrants were issued for 45 electronic devices to search them. They were seized timely, but the searches took longer. Defendant cites no authority that the searches themselves weren’t timely. United States v. Davis, 2018 U.S. Dist. LEXIS 75073 (N.D. Ga. May 3, 2018).*

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Because Facebook makes people dumb:

Defendant was linked to a carjacking. A search of his cell phone showed a video of him posted live to Facebook of him driving the victim’s car, wearing the victim’s watch, and counting the victim’s Cuban money. The video was also posted on defendant’s Facebook account as it was taken. Lamb v. State, 2018 Fla. App. LEXIS 6086 (Fla. 4th DCA May 3, 2018).

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AR: The right to counsel applies at suppression hearings

The right to counsel applies at suppression hearings. Defendant’s attempted waiver was ineffective. Shabazz v. State, 2018 Ark. App. 281, 2018 Ark. App. LEXIS 298 (May 2, 2018).

The officer writing the affidavit misstated the evidence that another officer smelled marijuana coming from defendant’s house as soon as he met defendant at the door. It was actually later, but it wasn’t material because the officer did in fact smell marijuana coming from defendant’s house, just not at the time stated. Darring v. State, 2018 Ind. App. LEXIS 155 (May 3, 2018).*
https://www.in.gov/judiciary/opinions/pdf/05021801rra.pdf

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NY: Partially inaccurate statement as to admissibility at trial of refusal of BAC test required suppression

“In sum, because the warnings given to defendant were at least partially inaccurate — i.e., as to the admissibility at trial of his refusal to submit to testing — the courts below properly suppressed the results of the breathalyzer test on the ground that defendant’s consent to take the test was involuntary. The People’s remaining argument regarding the accuracy of the warning of license suspension — the crux of the dissent — is both irrelevant to our analysis and academic.”
People v. Odum, 2018 NY Slip Op 03173, 2018 N.Y. LEXIS 1081 (May 3, 2018).

“We join the Commonwealth Court and hold that PennDOT permissibly revised the original DL-26 form to comply with Birchfield. In light of this conclusion, and after considering the totality of the circumstances surrounding Appellee’s consents to the blood tests, we conclude that Appellee’s consent was voluntary in both cases. Accordingly, we reverse the trial court’s suppression orders and remand for further proceedings consistent with this opinion.” Commonwealth v. Robertson, 2018 PA Super 110, 2018 Pa. Super. LEXIS 426 (May 3, 2018).*

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OH4: Officers were admitted into a private gambling room in a private club by consent

The defendant business was a private club running a gambling operation in a private room in the back. Officers were able to get in without misrepresenting their identity. The entry was by consent. State v. Sky Lake, 2018-Ohio-1707, 2018 Ohio App. LEXIS 1838 (4th Dist. May 2, 2018):
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DE: Search of jail cell seizing legal materials violated 6A; dismissal of indictment required

The search of defendant’s prison cell seizing his legal materials without judicial approval violated his Sixth Amendment rights, not his Fourth Amendment rights. The lead prosecutor in his case reviewed the legal materials. The state should have used a taint team to protect the materials from the prosecutor in the case. The extraordinary remedy of dismissal of the indictment is required. State v. Robinson, 2018 Del. Super. LEXIS 185 (May 1, 2018):
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W.D.N.C.: Being parked in the middle of the road with the engine running is RS

“In this case, the evidence is clear that Officer Paxton observed a Mercedes Benz parked in the middle of the road with its engine running and lights on. After his initial approach to the car, he discovered that both the driver and the defendant were asleep. Under Barnard, such circumstances would give rise to a reasonable, articulable suspicion of impaired driving.” Defendant’s patdown after finding a partially concealed weapon was reasonable. United States v. Seabrooks, 2018 U.S. Dist. LEXIS 75173 (W.D. N.C. May 3, 2018).*

Detention for a BAC test and denying a call before the test violated state law and required suppression. State v. Davis, 2018 Iowa App. LEXIS 402 (May 2, 2018).*

The motion to suppress is denied because the officers had reasonable suspicion for the stop. United States v. Grim, 2018 U.S. Dist. LEXIS 74190 (D. Del. May 2, 2018).*

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E.D.Wis.: Showing of nexus was not bare bones; it was a reasonable inference on totality

The showing of nexus was thin, but not bare bones, and it was reasonable to infer that evidence of three robberies would be found where he was staying with his girlfriend. There clearly was probable cause to arrest him in that place. The question was whether there was also probable cause to search, and there was. United States v. Amos, 2018 U.S. Dist. LEXIS 73812 (E.D. Wis. May 2, 2018):
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NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy

NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy by Tim Arango:

Before investigators in California say they solved a decades-old case of rape and murder using a genealogy website, the only other known case to use that method to identify a serial killer involved a gruesome series of murders in New Hampshire in which the bodies of a woman and three young girls were stuffed into metal drums and buried in a state park.

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Montgomery Advertiser: Opinion: Policing for profit prevails at Alabama Legislature

Montgomery Advertiser: Opinion: Policing for profit prevails at Alabama Legislature by Leah Nelson and Shay Farley, Alabama Voices:
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Wired UK: Facial recognition tech used by UK police is making a ton of mistakes

Wired UK: Facial recognition tech used by UK police is making a ton of mistakes by Matt Burgess:

South Wales Police, London’s Met and Leicestershire have all been trialling automated facial recognition in public places. But a lack of legal oversight exists around the technology.

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VA: LP reader information is “personal information” under state law

Under Virginia law, “[t]he pictures and associated data stored in the Police Department’s A[utomated] L[icense] P[late] R[reader] database meet the statutory definition of ‘personal information.’” The court can’t tell on this record whether it constitutes an “information system.” Neal v. Fairfax County Police Dept., 2018 Va. LEXIS 42 (Apr. 28, 2018):
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CA5: Automobile exception applied; although def was handcuffed, wife showed up acting somewhat belligerently

Defendant was in custody, handcuffed and on the ground, but his wife showed up acting somewhat belligerent. Her presence satisfied exigency for the car search. United States v. Beene, 2018 U.S. App. LEXIS 11400 (5th Cir. May 2, 2018).

Defense counsel wasn’t ineffective for not challenging the informant probable cause because it would have failed. The claim that the apartment number in the warrant was changed at the scene from 4 to 3 was without evidentiary support and fails. It appears to be a mere typo. Pate v. State, 2018 Iowa App. LEXIS 444 (May 2, 2018).*

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IN: Thermal imaging SW was based on PC, then SW for house was, too

The police obtained a thermal imaging warrant, and it was based on probable cause, information from a CI that was corroborated. That led to a search warrant for the premises, and it was also based on collective knowledge of the officers involved. McGrath v. State, 2018 Ind. LEXIS 299 (May 1, 2018) (Treatise § 13.17 n.4).

On reconsideration, even if the reckless statements were removed from the affidavit for search warrant, probable cause still remains on the totality. Matthews v. State, 2018 Alas. App. LEXIS 93 (May 2, 2018).*

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MO: Recording def’s conversation with attorney in police station interview room violated 6A and privilege; mandamus granted against unsealing

Defendant’s attorney met him at the police station to confer, and they put them in an interview room which recorded their meeting. The trial court appointed a special master to review it. The recording violated defendant’s attorney-client privilege and right to counsel under the Sixth Amendment, and the trial court’s unsealing the master’s report also did. The report is to remain under seal. Defendant’s search claim for his blood can’t be raised in this mandamus proceeding because he has a right to appeal that. State ex rel. Healea v. Tucker, 2018 Mo. LEXIS 153 (May 2, 2018).

Defendant’s appeal is essentially a challenge to the district court’s findings of credibility of the witnesses. The record supports the findings of consent. United States v. Thurman, 2018 U.S. App. LEXIS 11397 (7th Cir. May 2, 2018).*
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D05-02/C:17-1598:J:Ripple:aut:T:fnOp:N:2149049:S:0

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