NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump

NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump by Ron Nixon:
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M.D.La.: Finding CP image hash values on a computer is PC for search

The finding of child pornography hash values on a computer is probable cause for further search of the computer. United States v. Sherlock, 2018 U.S. Dist. LEXIS 1321 (M.D. La. Jan. 4, 2018).*

Playpen warrant sustained, and there was no outrageous government conduct offending due process leading to the search. United States v. Schreiber, 2017 U.S. Dist. LEXIS 213951 (E.D. N.Y. Dec. 27, 2017).*

There was probable cause for a vehicle stop from “vertical collective knowledge” based on wiretaps and observation of a drug deal. There were four people in the car, and defendant didn’t show his connection to the car to challenge the search. United States v. Yargee, 2018 U.S. Dist. LEXIS 1315 (W.D. Okla. Jan. 4, 2018).*

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WA: If the state wants to dismiss after a motion to suppress is granted, it may; court can’t force a trial

After a suppression motion suppressed most of the evidence against defendant, the state elected to dismiss. The trial court wouldn’t let them and made the case proceed to trial, convicting the defendant on what was left, which wasn’t much. “Addressing a question of first impression in Washington, we hold that the judicial branch’s discretion to deny a government motion to dismiss criminal charges exists as a check on abuse of prosecutorial discretion, not to usurp or interfere with the good faith exercise of prosecutorial discretion. Nothing suggests that the State’s decision to dismiss charges against Mr. Agustin was anything other than a good faith exercise of its charging authority. We reverse the disposition order and remand with directions to dismiss the charges against Mr. Agustin.” State v. Agustin, 2018 Wash. App. LEXIS 1 (Jan. 4, 2018).

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CA11: Takedown of otherwise compliant arrestee was reasonable

Plaintiff’s takedown by the officer was reasonable under the circumstances and not excessive, even if she was otherwise compliant. “Even assuming that Horn was totally compliant with Officer Barron, he was allowed to use some force in effecting her arrest. And, even if the force applied by Officer Barron in effecting Horn’s arrest-a soft hands, straight arm bar takedown technique, by which he gained control of her by taking hold of her left arm, putting his right arm over her left arm, and using gravity and his own weight to bring her to the ground-was unnecessary, it was not unlawful.” Horn v. Barron, 2018 U.S. App. LEXIS 200 (11th Cir. Jan. 4, 2018).

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When a website goes down …

This website goes down every once and a while when there is server maintenance, wherever the server is. It’s frustrating to have it down for a half day, or worse a day or longer. A programming update had it down for nearly 24 hours, with no warning to me. A power failure in downtown Little Rock on Tuesday has had the Arkansas Democrat-Gazette down for three days now. They can put out a paper, but I’m on the road and can’t read it. I feel their pain. The power failure also caused heating systems to go down and pipes to freeze around downtown.

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OH2: Not clearly erroneous for court to rely on dashcam over officer’s testimony re stop

The trial court could rely on the dashcam video over the officer’s testimony where there was an apparent contradiction. State v. Wilson, 2017-Ohio-9317, 2017 Ohio App. LEXIS 5816 (2d Dist. Dec. 29, 2017).

Defendant’s stop was based on reasonable suspicion and was valid. Defendant can’t show bad faith in the ultimate destruction of the dashcam video. State v. Jackson, 2018-Ohio-19, 2018 Ohio App. LEXIS 6 (9th Dist. Jan. 3, 2018).*

The district court credited defense counsel that defendant’s plea offer included a waiver of his motion to suppress with a plea cutoff weeks before the suppression hearing, and defendant insisted they have the hearing knowing the plea cutoff date. The court also rejected defendant’s claim defense counsel said that they would undoubtedly win the motion to suppress. Instead of a 120 month sentence cap, defendant was sentenced as a career offender. COA denied. United States v. Dodds, 2018 U.S. App. LEXIS 89 (10th Cir. Jan. 3, 2018).*

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Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018

Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018 by Matthew Santoni:
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W.D.N.C.: Counsel admonished for false dilemma that not finding pretext means condoning racism

United States v. Green, 2017 U.S. Dist. LEXIS 212999 n.1 (W.D. N.C. Dec. 29, 2017):
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OH11: Consent to search pockets didn’t include socks

Defendant consented to a search of his pockets, and the officer exceeded that consent by searching his socks. State v. Ferrell, 2018 Ohio App. LEXIS 18 (11th Dist. Jan. 3, 2018).

Defendant was arrested for assault and battery on a police officer, and a valid search incident of his person produced a hotel room key. Finding the key resulted in an admission that linked defendant to a sex trafficking investigation. The statement he made after the finding of the key was erroneously suppressed by the trial court. Commonwealth v. Barbosa, 2018 Mass. App. LEXIS 1 (Jan. 3, 2018).*

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AZ: Passenger in a vehicle has standing to contest GPS surveillance of vehicle, but here GFE applies because pre-Jones

The passenger in a vehicle subjected to GPS monitoring even for a few days and on public roads has standing to contest the monitoring. Here, however, the GPS device was placed in February 2010, more than two years prior to Jones, so the state gets the benefit of the good faith exception. State v. Jean, 2018 Ariz. LEXIS 1 (Jan. 3, 2018):
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Cal.1: School search rationale applies to street cop called in to back up school resource officer

A school principal received a report from a CI student that the juvenile had a gun in school. He sent for the student who came to the office where a school resource officer and a street officer were waiting. “For purposes of Fourth Amendment analysis, ‘school officials,’ include police officers such as Officer Gulian, who are assigned to high schools as resource officers (William V., supra, 111 Cal.App.4th at pp. 1470-1471), as well as the backup officers who are called to assist them.” In re K.J., 2018 Cal. App. LEXIS 2 (1st Dist. Jan. 3, 2018).

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W.D.Ky.: Motion to reconsider denial of motion to suppress only raised a trial issue, not a suppression issue, so denied

Defendant’s motion to reconsider the prior denial of a motion to suppress is denied because he raises essentially only an issue for trial as to where a gun was found, not to suppress evidence. United States v. Keeling, 2018 U.S. Dist. LEXIS 874 (W.D. Ky. Jan. 3, 2018).

Because the probation officer couldn’t articulate reasonable suspicion for this probation search, it violated state law’s requirements and the motion to suppress was properly granted. United States v. Damron, 2018 U.S. Dist. LEXIS 1014 (N.D. Ohio Jan. 3, 2018).*

Playpen warrant sustained. United States v. Hall, 2017 U.S. Dist. LEXIS 213465 (W.D.N.C. Dec. 7, 2017),* adopted, 2017 U.S. Dist. LEXIS 213000 (W.D. N.C. Dec. 29, 2017).*

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CA10: Franks doesn’t apply to private actors providing false information to LEOs

Even assuming private volunteer animal cruelty investigators provided false information that was used to get search warrants issued for plaintiffs’ property for evidence of cockfighting, qualified immunity applies because no case holds that the Franks doctrine applies to a private actor, not a state actor. [Indeed, Franks itself doesn’t apply to a CI’s false statement to the police.] Marin v. King, 2018 U.S. App. LEXIS 100 (10th Cir. Jan. 3, 2018).

Defendant’s Franks challenge fails. Even granting that there was material omissions (which the court doesn’t), the remainder is still probable cause for issuance of the search warrant. United States v. Walton, 2018 U.S. Dist. LEXIS 169 (E.D. Mich. Jan. 2, 2018).*

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D.Me.: Getting def to reveal cell phone passcode was 5A claim, not a 4A claim

Defendant’s cell phone was seized with a warrant. Defendant was questioned and he lawyered up, but the officer ignored it and kept asking questions. Finally, defendant gave up the passcode for the phone. This is a Fifth Amendment issue, not a Fourth Amendment issue overbreadth issue. United States v. Billings, 2018 U.S. Dist. LEXIS 891 (D. Me. Jan. 3, 2018):
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Volokh Conspiracy: A Few Thoughts on Collins v. Virginia & Four Thoughts on Byrd v. United States

Volokh Conspiracy: A Few Thoughts on Collins v. Virginia by Orin Kerr

Volokh Conspiracy: Four Thoughts on Byrd v. United States by Orin Kerr

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Reason: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches

Reason: The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches by Damon Root:
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SCOTUSBlog: Argument preview: Justices to consider scope of Fourth Amendment’s “automobile exception”

SCOTUSBlog: Argument preview: Justices to consider scope of Fourth Amendment’s “automobile exception” by Amy Howe:
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SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement?

SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement? by Amy Howe:
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National Review: Opinion: We Were Wrong about Stop-and-Frisk

National Review: Opinion: We Were Wrong about Stop-and-Frisk by Kyle Smith:
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The Hill: Opinion: Bulk surveillance is the wrong way to approach security

The Hill: Opinion: Bulk surveillance is the wrong way to approach security by Neema Singh Guliani & Jason Pye:
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