Forbes: Opinion: Congress Decides Fourth Amendment Is Outdated 256-164 by Frank Miniter:
It’s controversial because the National Security Agency (NSA) and other agencies also listen in on an unknown number of communications from American citizens—something the Fourth Amendment was written to keep the government from doing unless it first obtains a warrant from a court.
NYTimes: House Extends Surveillance Law, Rejecting New Privacy Safeguards by Charlie Savage, Eileen Sullivan, and Nicholas Fandos:
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Wired: Congress Renews Warrantless Surveillance—And Makes It Even Worse by Louise Matsakis:
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“Because Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence of illegal drug activity would be found within the car. [¶] The connection between the reported shooting and the Defendant’s BMW, the Defendant’s furtive conduct, and the direct visual and olfactory evidence of at least a small quantity of marijuana in the car, are sufficient to create probable cause that Officer Diaz’s search would uncover evidence of illegal drug possession or use, regardless of the fact that the Defendant claimed to have a medical marijuana prescription prior to the search.” United States v. Hampton, 2018 U.S. Dist. LEXIS 3914 (D. Conn. Jan. 9, 2018).
There was reasonable suspicion for a stop and frisk where defendant was in a car in a vacant lot that smelled of burnt marijuana and the area was a high crime area. State v. Trice, 2018-Ohio-78, 2018 Ohio App. LEXIS 78 (9th Dist. Jan. 10, 2018).*
Albuquerque Journal: Gov. wants to grant immunity to police by Dan Boyd:
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WIRED: How the Government Hides Secret Surveillance Programs by Louise Matsakis:
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NYTimes: Surveillance and Privacy Debate Reaches Pivotal Moment in Congress by Charlie Savage:
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A police officer leaked the existence of an FBI investigation that enabled the target of a search warrant to move his stash. “His statement [to the FBI] denying that he had disclosed the investigation was capable of influencing the FBI’s decision. It is irrelevant that the FBI ignored his denial.” Conviction under § 1001 affirmed. United States v. French, 2018 U.S. App. LEXIS 512 (5th Cir. Jan. 9, 2018) (Treatise § 61.03 n.4).
Defendant’s probation search was conducted reasonably and at a reasonable time considering his curfew, so it will not be suppressed. United States v. Plemmons, 2017 U.S. Dist. LEXIS 214704 (W.D. N.C. Dec. 11, 2017).*
Even though reasonable suspicion dissipates on the stop, here because the owner was a woman with a suspended DL but a man was driving, it is still reasonable for the officer to check the paperwork of the driver and car. State v. Smith, 2018 WI 2, 2018 Wisc. LEXIS 4 (Jan. 10, 2018), rev’g 2016 WI App 80, 372 Wis. 2d 184, 888 N.W.2d 22 (2016) (per curiam):
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Techdirt: Jury Awards Couple No Damages For Bungled Marijuana Raid Predicated On Wet Tea Leaves by Tim Cushing. A raid on 4/20.
Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection by Carrie DeCell:
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In a military disciplinary case, the court holds that a statement obtained without warnings could still be used before a disciplinary review board because the exclusionary rule is disfavored. Sasen v. Spencer, 2018 U.S. App. LEXIS 517 (1st Cir. Jan. 9, 2018).
The officer’s mistake of law here was reasonable, and it still supported reasonable suspicion on the totality. Thus, the 20 minute extension of the stop was reasonable. United States v. Jenkins, 2018 U.S. Dist. LEXIS 3332 (W.D. N.Y. Jan. 9, 2018).*
Police and EMTs responded to a 911 call about an unresponsive woman who later died. At the scene, admissions about defendant’s own drug abuse were made. “The court finds that the information about E.M.’s drug use, particularly when coupled with the knowledge of the drug use of the other occupants at the residence, established reasonable suspicion that criminal activity may have been afoot. Therefore, officers were authorized to conduct a Terry stop.” United States v. Parker, 2018 U.S. Dist. LEXIS 3728 (N.D. Iowa Jan. 9, 2018).*
After police were already lawfully on the premises, there were no exigent circumstances shown for an entry into defendant’s bathroom. United States v. Salazar, 2017 U.S. Dist. LEXIS 214485 (D. N.N. Dec. 29, 2017) (transcript of findings and conclusions).*
This 2255 is just an effort to relitigate the search issue already decided on appeal. Denied. United States, 2018 U.S. Dist. LEXIS 3735 (D. Minn. Jan. 9, 2018).*
The district court credited the testimony of the officer that the patdown was justified by legitimate safety concerns after he got inconsistent dates of birth from the passenger. While the patdown otherwise would have exceeded the scope of a lawful patdown, inevitable discovery applies: “It was not clearly erroneous for the magistrate judge to find that the patdown was motivated in part by legitimate officer safety concerns.” United States v. Clark, 2018 U.S. App. LEXIS 515 (1st Cir. Jan. 9, 2018).
Motion to reconsider denied. “Aside from an unpersuasive attempt to distinguish some of the cases the Court considered in denying his motions to suppress, Bartunek presents the same arguments previously found inadequate to require suppression.” United States v. Bartunek, 2018 U.S. Dist. LEXIS 2658 (D. Neb. Jan. 8, 2018).*
In re Amendments to the Tenn. Rules of Crim. Procedure, 2018 Tenn. LEXIS 2 (Jan. 9, 2018):
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SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights by Amy Howe.
Law & Crime: ‘Dark Side’ Federal Unit Feeds Possibly Illegal Tips to Local Cops, Report Says by Aaron Keller
The Intercept: Welcome to Law Enforcement’s “Dark Side”: Secret Evidence, Illegal Searches, and Dubious Traffic Stops by Trevor Aaronson:
Federal agents at the U.S. Drug Enforcement Administration speak in veiled terms about the secret DEA unit that shares intelligence from the National Security Agency and other organizations with law enforcement for use in criminal investigations. They call it the ‘Dark Side.’
When a mere visitor is encountered during execution of a search warrant on the premises, her purse cannot be searched without independent cause linking her to the premises other than mere presence. State v. Brown, 2018 Iowa Sup. LEXIS 1 (Jan. 5, 2018) (4-3) (applying state constitution):
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