Newsweek: What the Supreme Court is Doing This Year Under Trump

Newsweek: What the Supreme Court is Doing This Year Under Trump by Linley Sanders

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OH5: Visitor to house during parole search denied anything in house was his, and that was abandonment of backpack with 254 oxys and heroin found upstairs

Defendant was visiting a house that was subjected to a parole search for drugs and firearms. He and another were moved to a central location so officers could keep an eye on them while the search was being conducted. He was asked if he had anything in the house that belonged to him, and he said no. A backpack was found in an upstairs bedroom and searched and 254 oxys were found with heroin and marijuana. The backpack was brought downstairs. “Boerstler asked those gathered in the living room who owned the backpack. Eli stated it belonged to him.” Defendant’s initial disclaimer was an abandonment of the backpack for search purposes when it was inexplicably found upstairs. Further search of the backpack produced a bus ticket in his name and other indicia that it was his. State v. Eli, 2017-Ohio-7667, 2017 Ohio App. LEXIS 4006 (5th Dist. Sept. 15, 2017).

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NY, Monroe Co.: False assertion officers “had a warrant” made third party consent to search invalid

Officer’s false assertion they had a warrant for defendant made the third party consent here invalid under the Fourth Amendment as mere submission to a claim of authority. “Moreover, Judy P.’s response — ‘I don’t have a choice’ — empirically demonstrates the compulsory effect of Investigator Ulatowski’s warrant announcement. Those words certainly cannot be construed as demonstrative of a free and unconstrained choice, but rather as acquiescence resulting from the belief that protest to the Investigator’s request would be futile.” The substantial presence of police suddenly appearing at the premises also was a factor in lack of voluntariness on the totality. People v. Perkins, 2017 NY Slip Op 27296, 2017 N.Y. Misc. LEXIS 3518 (Monroe Co. Aug. 21, 2017).

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MI: Consent to draw blood includes consent to test it

Defendant consented to a draw of blood for testing, and a separate warrant isn’t required for testing under the Fourth Amendment. The collection and testing of blood are “a single event for fourth amendment purposes.” United States v. Snyder, 852 F.2d 471, 473-74 (9th Cir. 1988). People v. Woodard, 2017 Mich. App. LEXIS 1477 (Sept. 19, 2017):
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FL: Passengers are also detained for a reasonable time; def’s getting out of car reasonably delayed the stop while backup came

Officers could, as a matter of course, detain the passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment. Although the traffic stop might have lasted longer than a routine, uneventful stop, it was prolonged not by law enforcement, but by the fact that defendant, one of the passengers, exited the vehicle and attempted to leave. Thus, for the officer to complete his mission safely, the detention was reasonably extended in order for backup officers to arrive and assist with the driver and defendant. Defendant’s actions made the stop “anything but routine” for Rodriguez purposes. Presley v. State, 2017 Fla. LEXIS 1901 (Sept. 20, 2017), aff’g Presley v. State, 204 So.3d 84 (Fla. 1st DCA 2016) and rejecting Wilson v. State, 734 So.2d 1107 (Fla. 4th DCA 1999).

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D.Md.: Private extradition company’s employees could be sued under § 1983 and due process clauses but not 4A since he’s a pretrial detainee

Plaintiff sued an extradition company, Prisoner Transport Services of America (PTS) under § 1983 as a state actor and the Fourth Amendment and due process clauses for inmate abuse in a transport van, describing ugly conditions of transport. “While Plaintiff fails to state a claim under the Fourth Amendment — Plaintiff does, however, state a claim under the Fourteenth Amendment against John Does #1-6 in their personal capacities. Claims challenging the ‘conditions of confinement imposed upon pretrial detainees are examined under the Due Process Clause of the Fourteenth Amendment.’ Oladokun v. Maryland, No. CIV.A. DKC-14-463, 2014 WL 7014511, at *7 (D. Md. Dec. 10, 2014).” Karn v. PTS of America, 2017 U.S. Dist. LEXIS 151889 (D. Md. Sept. 18, 2017).

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CA4: Inventory policy’s failure to mention dealing with closed containers doesn’t make it unreasonable

The inventory policy sufficiently curtailed the officer’s discretion to be constitutional. It did not mention closed containers but that doesn’t make it unconstitutional. The officer’s search of a laptop case was reasonable even though the officer didn’t log everything that was in it. United States v. White, 2017 U.S. App. LEXIS 18107 (4th Cir. Sept. 19, 2017).

Plaintiff’s complaint alleges enough to state a claim for a civil rights conspiracy against these defendants to violate the Fourth Amendment. Widi v. McNeil, 2017 U.S. Dist. LEXIS 151521 (D. Me. Sept. 19, 2017).*

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WaPo: Cross-border slaying: Can dead teen’s family sue US agent? — Reargument in CA5

WaPo: Cross-border slaying: Can dead teen’s family sue US agent? by Kevin McGill: 
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CA7: Def’s false suppression hearing testimony gets him 2 level obstruction sentencing enhancement

Defendant’s false testimony at suppression hearing results in 2 level enhancement under the Sentencing Guidelines. United States v. Jones, 2017 U.S. App. LEXIS 18204 (7th Cir. Sept. 20, 2017):
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DC: Using Stingray to track a cell phone is a 4A search because it extracts cell phone numbers from phones

The use of a Stingray device by the police to track a cell phone is a search governed by the Fourth Amendment. Stingrays “[f]orce the person’s cellphone to identify itself and reveal its exact location. It is in this sense that a cell-site simulator is a locating, not merely a tracking, device: A cell-site simulator allows police officers who possess a person’s telephone number to discover that person‘s precise location remotely and at will.” Jones v. United States, 2017 D.C. App. LEXIS 277 (D.C. Sept. 21, 2017):
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Politico: Judge inches toward demand for data on Trump inaugural protest website

Politico: Judge inches toward demand for data on Trump inaugural protest website by Josh Gerstein:

A judge is pressing forward with plans to allow enforcement of a search warrant against a website used to organize protests against President Donald Trump’s inauguration last January.

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Maine Wire: Unlawful rental registries: Coming soon to a city near you

Maine Wire: Unlawful rental registries: Coming soon to a city near you by Jacob Posik:
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CA9: Arrest on mistaken identity gets QI, but continuing the arrest after learning mistake doesn’t; Summers doesn’t apply to arrest warrants

Plaintiff’s initial arrest on mistaken identity was not in violation of clearly established law, and, thus, the officers had qualified immunity. After learning, however, that plaintiff was not the person sought, officers did violate the Fourth Amendment by keeping him in custody. Michigan v. Summers doesn’t apply to arrest warrants because the Fourth Amendment interests in arrest warrants and search warrants are different. Sharp v. Cty. of Orange, 2017 U.S. App. LEXIS 18148 (9th Cir. Sept. 19, 2017):
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TX: Officer’s training and experience must be considered in the totality of RS

The court of appeals failed to consider and credit the officer’s training and experience in considering the totality of circumstances that the officer had reasonable suspicion under the Fourth Amendment to continue to detain defendant after the purposes of the traffic stop were complete after issuing defendant a warning. Ramirez-Tamayo v. State, 2017 Tex. Crim. App. LEXIS 881 (Sept. 20, 2017).

The entry was reasonable to conduct an arrest. Once inside, there was reasonable suspicion to believe others might be there and thus a protective sweep was reasonable. United States v. Williams, 2017 U.S. App. LEXIS 18202 (11th Cir. Sept. 20, 2017).*

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CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. 18, 2017).

Defendant contends that the officer misled the court on whether defendant consented to the search that the affidavit for search warrant was attempting to establish probable cause for. Since a search warrant presupposes no consent, removing the issue of consent from the affidavit still leaves probable cause for issuance of the warrant. State v. Bryan, 2017 Mo. App. LEXIS 930 (Sept. 19, 2017).

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The Hill: iPhone’s facial recognition could lead to real life ‘Minority Report’

The Hill: iPhone’s facial recognition could lead to real life ‘Minority Report’ by Kimberly Wehle:

The iPhone X moves us closer to a world in which, by simply walking outside or picking up a personal iPhone, we will be monitored but have no idea of the extent. 

FRT has been around for a while, so its privacy implications are not new. What is notable about Apple’s iPhone X is that it will catapult FRT into mainstream societal norms of everyday life.

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Conservative Review: How the feds swipe your stuff — and how Congress could stop it

Conservative Review: How the feds swipe your stuff — and how Congress could stop it by Nate Madden:
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OH2: No record of suppression hearing brought up means no appellate review

The trial court’s denial of the motion to suppress couldn’t be considered on appeal because the record of the hearing was never filed for the appeal. State v. Tscheiner, 2017-Ohio-7641, 2017 Ohio App. LEXIS 3962 (2d Dist. Sept. 15, 2017).

Defendant’s stop for speeding was unrebutted, and, thus, justified. United States v. Anderson, 2017 U.S. Dist. LEXIS 150465 (D.Ariz. Sept. 15, 2017).*

The trial court found that the stop was justified under the community caretaking function, but the supreme court finds that there was no “stop” and defendant was technically free to go. There were patrol cars on the side of the road and defendant stopped voluntarily. The officer subjectively intended to stop defendant, but defendant objectively stopped on his own. “Because no seizure occurred at the commencement of the encounter, it was not necessary to resort to the community caretaking exception. Although the lower courts began down the wrong path, they reached the correct result.” State v. Rivera, 297 Neb. 709, 2017 Neb. LEXIS 161 (Sept. 15, 2017).*

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OH10: Stopping the first person officers see after hearing gunshots was without RS

Officers heard gunshots and stopped the first person they saw. That essentially was a stop on a hunch and without reasonable suspicion. State v. Hairston, 2017-Ohio-7612, 2017 Ohio App. LEXIS 3934 (10th Dist. Sept. 14, 2017).

“Here, the team of investigating agents from the Drug Enforcement Administration and the Stanislaus Drug Enforcement Agency possessed collective knowledge sufficient to establish probable cause to believe that the vehicle in which Defendants Solorio and Barron were traveling was carrying illegal drugs.” United States v. Solorio, 2017 U.S. Dist. LEXIS 150288 (E.D. Cal. Sept. 15, 2017).*

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CA9: Suspicionless mandatory supervision search, without more, is reasonable (on rehearing)

United States v. Cervantes, 859 F.3d 1175 (9th Cir. June 19, 2017) (posted here) had a new opinion issued on rehearing, United States v. Cervantes, 2017 U.S. App. LEXIS 18017 (9th Cir. Sept. 11, 2017), coming to the same result on the probation search issue.

Summary by the court:
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