E.D.N.Y.: Finding NYPD officers were “embroidering the truth” about their RS, court finds it elsewhere

The court finds reasonable suspicion for a stop and frisk but not on the grounds offered – the officers were “embroidering the truth” about an alleged parking violation and the smell of marijuana. United States v. Levy, 2016 U.S. Dist. LEXIS 160984 (E.D.N.Y. Nov. 21, 2016):
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NYLJ: NYPD Finally Set to Begin Use of Body Cameras, Monitor Says

NYLJ: NYPD Finally Set to Begin Use of Body Cameras, Monitor Says by Mark Hamblett:
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Naked Security: Campaigners bid to delay Rule 41 ‘legal hacking’ bill

Naked Security: Campaigners bid to delay Rule 41 ‘legal hacking’ bill by Lisa Vaas:
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VT: Probation officer’s home visit is not a search

A probation officer’s home visit is not a search. Levitt v. State, 2016 VT 60, ¶ 32. State v. Albarelli, 2016 VT 119, 2016 Vt. LEXIS 121 (Nov. 18, 2016).

The DUI roadblock in this case was established in accord with policy and was well marked and visible to all. All cars were stopped and the delay was minimal. Kettle v. State, 2016 Ga. App. LEXIS 672 (Nov. 18, 2016).*

Collective knowledge of reasonable suspicion supported defendant’s stop. Dunson v. State, 2016 Ind. App. LEXIS 417 (Nov. 18, 2016).*

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S.D.Ohio: More than a conclusory statement of recklessness or intent required for Franks hearing

Just because information is erroneous doesn’t get you a Franks hearing. More than a mere conclusion is required that the statement was recklessly or deliberately false. United States v. Kurtz, 2016 U.S. Dist. LEXIS 160356 (S.D.Ohio Nov. 18, 2016).

Defendant was joined on an incest website by an undercover DHS officer to talk about sex with family children, and they agreed to meet at a restaurant. Defendant was arrested and his car impounded. The car inventory was lawful and followed all procedures. [On this record, it would also appear harmless.] United States v. Clarke, 2016 U.S. App. LEXIS 20671 (4th Cir. Nov. 18, 2016).*

Another Playpen warrant upheld. United States v. Lough, 2016 U.S. Dist. LEXIS 159907 (N.D.W.Va. Nov. 18, 2016).*

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FL2: 12 year old accosted for no reason didn’t voluntarily consent

Police searched two 12 year old boys playing in the grassy common area of their mobile home park. Their alleged consent was involuntary because of their young age and no reason to accost them in the first place. Marijuana was found on one. F.C. v. State, 2016 Fla. App. LEXIS 17235 (Fla. 2d DCA Nov. 18, 2016).*

Defendant waived his motion to suppress by not filing his motion before trial, and he didn’t show good cause for the delay. Alternatively, defendant’s wife had apparent authority to consent to a search of his computers found in the house. United States v. Nayyar, 2016 U.S. Dist. LEXIS 160406 (S.D.N.Y. Nov. 18, 2016).

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WV: Protective weapons search of def’s pants on ground while EMTs treating him was reasonable

Defendant had been patted down and nothing was found, but he was wounded and EMTs were there. His pants were removed, and he was being treated. Before the ambulance took him away, he asked for his pants and the officer searched them because they felt heavy, finding a gun and $4,000 in cash. The search of the pants was reasonable because the gun they believed he had hadn’t yet been located. State v. Jordan, 2016 W. Va. LEXIS 897 (Nov. 18, 2016) (memorandum). (The court doesn’t specify the exception to the warrantless search rule it’s relying on, but a protective weapons search for the missing weapon would be correct.)

The fact officers had a search warrant didn’t factor in defendant’s statement where he already started talking before he found out about it. State v. Erin S. T., 2016 W. Va. LEXIS 911 (Nov. 18, 2016) (memorandum).*

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E.D.Tenn.: Def’s move with arm made officer grab his arm and then saw a holster; that’s RS

When defendant made a move with his arm, the officer could grab his arm for officer safety. That resulted in the officer seeing a holster and that justified a full search of the person. Ultimately, it was justified as incident to arrest. United States v. Orrick, 2016 U.S. Dist. LEXIS 157888 (E.D. Tenn. Oct. 25, 2016).

The stop was with reasonable suspicion and the smell of medical marijuana was probable cause. United States v. Gonzalez, 2016 U.S. Dist. LEXIS 158707 (W.D. Mo. Oct. 31, 2016).*

The officer had no reasonable suspicion to continue defendant’s detention for alleged unlawful use of a vehicle because of his nervousness, vaguely saying he borrowed it from “my friend,” and the fact the officer could find no connection between defendant and the owner, which wasn’t really even possible. State v. Dawson, 282 Ore. App. 335 (Nov. 16, 2016).*

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E.D.Mo.: Welfare check of def in car led to opening door and smelling MJ, and that’s PC

“But even if the police lacked probable cause to search the van immediately upon discovering it, the undersigned concludes that Officer Yadlosky was justified in opening the van door to check on the welfare of the occupant inside. Once the van door was open, there can be no doubt that probable cause existed to search the van due to the overwhelming odor of marijuana.” United States v. Parks, 2016 U.S. Dist. LEXIS 158972 (E.D. Mo. Sept. 19, 2016).*

“[B]ased on Detective Murphy’s observation of the imprint of a gun in Defendant’s pocket and Defendant’s admission that he had a gun, the detectives had a reasonable belief that Defendant was armed and presently dangerous, providing them with authority to frisk Defendant for weapons. When Defendant twice disobeyed the detectives’ orders to refrain from reaching into his pocket, Detective Trinidad-Ortiz grabbed Defendant, who resisted and struggled with the detective. Once officers handcuffed Defendant, they retrieved the firearm that was sticking out of his pocket. The detectives’ conduct amounted to an intrusion no greater than a Terry frisk permitted by the Fourth Amendment.” United States v. Johnson, 2016 U.S. Dist. LEXIS 158685 (W.D.N.C. Nov. 16, 2016).*

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E.D.Mich.: Hearing on wire CI OD’ing inside was exigency for police entry

Officers sent in a wired CI to do a heroin deal, and it was apparent listening to the wire that the CI overdosed inside. The emergency aid exception applied to the police entry. United States v. Belser, 2016 U.S. Dist. LEXIS 160028 (E.D.Mich. Nov. 18, 2016):
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HuffPo: Jeff Sessions Was Deemed Too Racist To Be A Federal Judge. He’ll Now Be Trump’s Attorney General.

HuffPo: Jeff Sessions Was Deemed Too Racist To Be A Federal Judge. He’ll Now Be Trump’s Attorney General. by Ryan Reilly:

WASHINGTON ― The man who President-elect Donald Trump will nominate as the 84th attorney general of the United States was once rejected as a federal judge over allegations he called a black attorney “boy,” suggested a white lawyer working for black clients was a race traitor, joked that the only issue he had with the Ku Klux Klan was their drug use, and referred to civil rights groups as “un-American” organizations trying to “force civil rights down the throats of people who were trying to put problems behind them.”

Politico: Sessions pick as AG could spark exodus from civil rights division (“A former leader says Justice staffers are alarmed by the Alabama senator’s record on racial issues.” But there is a counterpoint in this article.)

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The Marshall Project: 8 Ways Jeff Sessions Could Change Criminal Justice

The Marshall Project: 8 Ways Jeff Sessions Could Change Criminal Justice by Eli Hager, Alsia Santo and Simone Weischselbaum:

From police to prosecutions to prisons, the AG holds wide sway.

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D.Nev.: In NV, a MMJ state, smell of marijuana is still PC, and legal possession doesn’t have to be discounted

Nevada is a medical marijuana state, and LEOs don’t have to discount legal possession of marijuana before continuing a stop based on smell. United States v. Harris, 2016 U.S. Dist. LEXIS 157902 (D.Nev. June 30, 2016), adopted, 2016 U.S. Dist. LEXIS 157787 (D. Nev. Nov. 14, 2016):
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E.D.N.Y.: The exclusionary rule doesn’t [hardly ever] apply to violations of supervised release

The exclusionary rule does not apply to violations of supervised release, but it might be possible if the deterrence rationale could still apply sometimes, just not here. “Thus, just like in Scott, applying the rule would inhibit the government’s ability to ensure compliance with the conditions of supervised release and permit individuals ‘to avoid the consequences of [their] noncompliance.’ Id. at 365. These high costs are not outweighed by the marginal deterrence benefits of applying the exclusionary rule particularly where, as here, the police officers were not aware of Defendant’s supervised release status and were investigating a new state law violation. Accordingly, the Fourth Amendment’s exclusionary rule does not apply to these proceedings.” United States v. Spencer, 2016 U.S. Dist. LEXIS 158235 (E.D.N.Y. Nov. 15, 2016).

The evidence shows that defendant’s consent was voluntary. United States v. Gomez, 2016 U.S. Dist. LEXIS 158724 (S.D.Ill. Nov. 16, 2016).*

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N.D.Ind.: Steagald only applies to entries into dwellings of third parties and not the curtilage

Steagald only applies to entries into dwellings of third parties and not the curtilage. United States v. Mackin, 2016 U.S. Dist. LEXIS 156888 (N.D.Ind. Nov. 14, 2016):
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D.Me.: Officer doesn’t have to articulate the RS for continuing the stop

The officer doesn’t have a constitutional obligation to tell (“articulate”) the suspect the reasonable suspicion that forms the basis of the stop. “Cf. Devenpeck v. Alford, 543 U.S. 146, 155 (2004) (‘While it is assuredly good police practice to inform a person of the reason for his arrest at the time he is taken into custody, we have never held that to be constitutionally required.’).” United States v. Williams, 2016 U.S. Dist. LEXIS 159028 (D.Me. Nov. 15, 2016).

Defendant’s guilty plea didn’t preserve his search issue, so it’s waived. State v. Wooddell, 2016-Ohio-7752, 2016 Ohio App. LEXIS 4618 (5th Dist. Nov. 9, 2016).*

The traffic stop transformed into a mere encounter, and defendant’s consent was voluntary. That led to finding a box welded under the vehicle full of cocaine. Commonwealth v. Randolph, 2016 PA Super 253, 2016 Pa. Super. LEXIS 671 (Nov. 16, 2016).*

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WaPo: Police are using software to predict crime. Is it a ‘holy grail’ or biased against minorities?

WaPo: Police are using software to predict crime. Is it a ‘holy grail’ or biased against minorities? by Justin Jouvenal:
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W.D.N.Y.: When a state search warrant is used in federal court, state officers retain the evidence pending trial

Suspected explosives shipped to defendant’s address and search finding them in the garage didn’t preclude searching the house as well since the package was shipped to defendant’s home. Because a state search warrant was executed, state officers were charged with custody under state law. “The electronic devices seized during the execution of the state search warrant likely would have fallen to the state court’s legal custody under CPL § 690.55. As far as the Court can tell from the record, the ATF never requested a transfer order from the state court before acquiring the electronic devices. Paying closer attention to the requirements under CPL § 690.55 is the better practice, and the Court might need to take a closer look at the issue during future warrant applications. Nonetheless, and following Mizrahi, raising CPL § 690.55 to the level of a safeguard of substantive rights seems like too much of a stretch without further legislative or appellate guidance as to that statute’s policy objective. See also Virginia v. Moore, 553 U.S. 164, 178 (2008) (‘[I]t is not the province of the Fourth Amendment to enforce state law.’).” United States v. O’Neill, 2016 U.S. Dist. LEXIS 159481 (W.D.N.Y. Nov. 17, 2016). See also CA6: Rule 41(g) motion for return of property doesn’t lie in federal court when state officers seized, even in a federal prosecution posted 11/16.

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D.Nev.: GPS warrant based on transaction from car three weeks earlier wasn’t stale

A GPS tracking warrant wasn’t stale based on a drug deal out of the car three weeks earlier. That led to probable cause to stop and search the vehicle two weeks later. United States v. Cabrera, 2016 U.S. Dist. LEXIS 157791 (D.Nev. Nov. 14, 2016).

The trial court abused its discretion in rejecting defendant’s no contest plea where he was reserving his right to appeal denial of the suppression motion. State v. Williams, 2016-Ohio-7782, 2016 Ohio App. LEXIS 4644 (8th Dist. Nov. 17, 2016).*

There was reasonable suspicion to bring out a drug dog and the dog alert justified a search of the entire vehicle on probable cause, including a bag on the dashboard. United States v. Nelson, 2016 U.S. Dist. LEXIS 158402 (S.D.W.Va. Nov. 16, 2016).*

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IL: Heroin overdose victim injected with Narcan is PC to arrest for possession

When the police come upon a heroin overdose and inject Narcan, there is probable cause to arrest the defendant for possession. People v. Teper, 2016 IL App (2d) 160063, 2016 Ill. App. LEXIS 794 (Nov. 17, 2016):
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