WAMU (NPR): Police Said She Had An Open Container. Her Lawyer Asked For Body Camera Video

WAMU (NPR): Police Said She Had An Open Container. Her Lawyer Asked For Body Camera Video by Martin Austermuhle:
Continue reading →

Posted in Body cameras | Comments Off on WAMU (NPR): Police Said She Had An Open Container. Her Lawyer Asked For Body Camera Video

Manuel v. City of Joliet argued today: Whether malicious prosecution claim may lie under 4A

Manuel v. City of Joliet argued today: Whether an individual’s Fourth Amendment right to be free from unreasonable seizure continues beyond legal process so as to allow a malicious prosecution claim based upon the Fourth Amendment. (SCOTUSBlog)

See Reason.com: Supreme Court to Weigh ‘Malicious Prosecution’ and the 4th Amendment

SCOTUSBlog: Argument preview: Does the Fourth Amendment govern a “malicious prosecution” claim, and if so, how?

Orin Kerr on Twitter: “SCOTUS to hear argument today in most boring 4th Amendment case I have ever encountered, Manuel v. City of Joliet.”

Posted in Uncategorized | Comments Off on Manuel v. City of Joliet argued today: Whether malicious prosecution claim may lie under 4A

OR: State carries burden of proving the reliability of the drug dog in the first instance (under state const.)

“Here, we easily conclude that the state did not create a sufficient record to support the use of Quincy’s alert as a basis for probable cause to search the car. At the suppression hearing, the state elicited testimony from Raiser that he had received some “special training” to be a drug-detection dog handler. Further, Raiser testified that Quincy had received some training to detect marijuana, heroin, cocaine, and methamphetamine. He also stated that Quincy had been deployed 20 to 50 times. Finally, he gave his opinion that Quincy was “a reliable drug dog.” That is not sufficient to satisfy the standards set out in Foster and Helzer. First, the record includes no details at all of Raiser’s and Quincy’s training, much less how that training ensured that Quincy would alert only to drugs and not in response to non-drug odors, handler cues, or other distractions. Second, the record did not show whether Raiser and Quincy had been certified or, if they were, what kind of test they had to pass to obtain that certification. Finally, the state provided no information about Quincy’s field performance beyond the fact that he had been deployed 20 to 50 times.” State v. Snyder, 281 Ore. App. 308, 2016 Ore. App. LEXIS 1192 (Sept. 28, 2016).

Posted in Automobile exception, Dog sniff, State constitution | Comments Off on OR: State carries burden of proving the reliability of the drug dog in the first instance (under state const.)

OH9: With smell of MJ, car doesn’t have to be searched before the dog does its work

The smell of marijuana coming from the car was sufficient to call for a drug dog to sniff the car. The officer wasn’t required to search the passenger compartment before the dog sniff. State v. Ross, 2016-Ohio-7082, 2016 Ohio App. LEXIS 3941 (9th Dist. Sept. 30, 2016).

Defendant’s argument that the drug dog’s failure to alert on the passenger compartment of the car dissipated the alleged probable cause was not preserved for review where a different argument was made to the trial court. State v. Demint, 2016 Ida. App. LEXIS 111 (Sept. 28, 2016).*

“[T]here is no meaningful evidence on the record suggesting that the Kannapolis police fabricated anything in support of an arrest warrant.” Therefore, defense counsel wasn’t ineffective for not raising it. Pittman v. United States, 2016 U.S. Dist. LEXIS 133576 (M.D.N.C. Jan. 8, 2016).*

Posted in Dog sniff, Ineffective assistance | Comments Off on OH9: With smell of MJ, car doesn’t have to be searched before the dog does its work

Guardian: Yahoo secretly monitored emails on behalf of the US government – report

Guardian: Yahoo secretly monitored emails on behalf of the US government – report

Company complied with a classified directive, scanning hundreds of millions of Yahoo Mail accounts at the behest of NSA or FBI, say former employees

Posted in E-mail | Comments Off on Guardian: Yahoo secretly monitored emails on behalf of the US government – report

CA11: Police get QI for entry on a civil assist to recover property from former lover’s house

Police officers had qualified immunity for entry into plaintiff’s home with his estranged lover who came back with the police to assist to recover her belongings. Plaintiff’s guns were seized because he was under a domestic abuse injunction to not possess firearms. Criminal charges were filed and then dismissed. Fish v. Brown, 2016 U.S. App. LEXIS 17778 (11th Cir. Oct. 3, 2016):
Continue reading →

Posted in Apparent authority, Qualified immunity | Comments Off on CA11: Police get QI for entry on a civil assist to recover property from former lover’s house

HI: Calling police to garage showed no REP there; plain view sustained

Police summoned to defendant’s house by his 911 call did not intrude on defendant’s subjective or actual reasonable expectation of privacy. A plain view of a hammer as a weapon was thus valid. State v. Phillips, 2016 Haw. LEXIS 234 (Sept. 30, 2016):
Continue reading →

Posted in Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on HI: Calling police to garage showed no REP there; plain view sustained

NYT: Not One New York Police Officer Has a Body Camera

NYT: Not One New York Police Officer Has a Body Camera by Joseph Goldstein:
Continue reading →

Posted in Body cameras | Comments Off on NYT: Not One New York Police Officer Has a Body Camera

techdirt: After Appeals Court Flip-Flop, Aaron Graham Asks Supreme Court To Examine Warrantless Access To Cell Location Info

techdirt: After Appeals Court Flip-Flop, Aaron Graham Asks Supreme Court To Examine Warrantless Access To Cell Location Info by Tim Cushing:
Continue reading →

Posted in Cell site location information, SCOTUS | Comments Off on techdirt: After Appeals Court Flip-Flop, Aaron Graham Asks Supreme Court To Examine Warrantless Access To Cell Location Info

Cal.1st: Juvenile’s search condition is amended on appeal to relate to drug usage

The juvenile’s search condition is modified to related to drug use on affirmance of the conviction. In re Jonathan R., 2016 Cal. App. LEXIS 817 (1st Dist. Sept. 30, 2016):
Continue reading →

Posted in Probation / Parole search | Comments Off on Cal.1st: Juvenile’s search condition is amended on appeal to relate to drug usage

WaPo: Why Apple can be forced to turn logs of your iMessage contacts over to police

WaPo: Why Apple can be forced to turn logs of your iMessage contacts over to police by Andrea Peterson:

When a user sends someone a message through Apple’s iMessage feature, Apple encrypts that message between Apple devices so that only the sender and recipient can read its contents. But a Wednesday report from news site the Intercept is a good reminder that not all data related to iMessage has that same level of protection — and that information can still be turned over to law enforcement.

That may be surprising to everyday users who view Apple as a privacy champion after it’s legal battle with the Justice Department this year over a court order that would force the company to break its own security measures. But to experts, it’s just a fact of how communication systems work. For instance, as security expert and noted iPhone hacker Will Strafach notes, Apple needs to know things such as with whom you’re chatting via iMessage so that it can deliver your messages.

Posted in Cell phones | Comments Off on WaPo: Why Apple can be forced to turn logs of your iMessage contacts over to police

FISCR: There is a foreign intelligence exception to the warrant requirement going back to the 1970’s

There is a foreign intelligence exception to the warrant requirement going back to the 1970’s. Moreover, the trap and trace here only gathers numbers not content, and that’s reasonable under the Fourth Amendment. In re Certified Question of Law, 2016 U.S. App. LEXIS 17744 (F.I.S.C.R. April 14, 2016) (released Sept. 30, 2016) (opinion referring question):
Continue reading →

Posted in FISA | Comments Off on FISCR: There is a foreign intelligence exception to the warrant requirement going back to the 1970’s

CA2: Even if individual violations of probation conditions weren’t RS, on totality they were

Even if any one of the violations of conditions of release wasn’t reasonable suspicion, collectively they were. A cell phone picture showed him with a handgun in hand saying “I need bullets,” and he was convicted of being a felon in possession. United States v. Jackson, 2016 U.S. App. LEXIS 17579 (2d Cir. Sept. 28, 2016).

Defendant’s car was searched by consent, and his cell phone was then seized and then he consented to a search of the cell phone. State v. Lagrone, 2016 Tenn. Crim. App. LEXIS 751 (Sept. 30, 2016).*

Posted in Probation / Parole search, Reasonable suspicion | Comments Off on CA2: Even if individual violations of probation conditions weren’t RS, on totality they were

OH10: Request for consent at end of traffic stop requires RS

The traffic stop was valid, but the request for consent at the end of the stop required reasonable suspicion. “Thus, because Officer Hughes sought appellant’s consent to conduct a search following the completion of the stop and absent any reasonable articulable facts or individualized suspicion to justify appellant’s continued detention in order to request to conduct a search, we find appellant’s continued detention was unlawful.” State v. Scarberry, 2016-Ohio-7065, 2016 Ohio App. LEXIS 3925 (10th Dist. Sept. 29, 2016).

Defendant consented to a blood draw at the scene and at the fire station when the blood draw was taken. Jacobs v. State, 2016 Ga. App. LEXIS 539 (Sept. 29, 2016).*

There was reasonable suspicion for defendant’s stop; therefore, defense counsel wasn’t ineffective for not filing a motion to suppress. State v. Phillips, 2016-Ohio-7049, 2016 Ohio App. LEXIS 3912 (8th Dist. Sept. 29, 2016).*

Posted in Consent, Reasonable suspicion | Comments Off on OH10: Request for consent at end of traffic stop requires RS

VI: Despite MJ decrim, smell of MJ in a car is still a factor in RS

VI decriminalization doesn’t mean the smell of marijuana can’t still be reasonable suspicion of possession of a larger amount or potentially driving under the influence. People v. Cannergeiter, 2016 V.I. LEXIS 148 (Sept. 28, 2016):
Continue reading →

Posted in Reasonable suspicion | Comments Off on VI: Despite MJ decrim, smell of MJ in a car is still a factor in RS

WaPo: The Watch: ‘Do Not Resist’: A chilling look at the normalization of warrior cops

WaPo: The Watch: ‘Do Not Resist’: A chilling look at the normalization of warrior cops by Radley Balko:

The haunting thing about the new policing documentary “Do Not Resist” is what it doesn’t show. There are no images of cops beating people. No viral videos of horrifying shootings. Sure, there are scenes from the Ferguson protests in which riot cops deploy tear gas. But there’s no blood, no Tasings, no death. Yet when it was over, I had to force myself to exhale.

What makes this movie so powerful is its terrifying portrayal of the mundanities of modern policing. I watched the movie weeks ago, but there are scenes that still flicker in my head. We all remember the clashes between police and protesters in Ferguson. We’ve seen the photos. …

Posted in Uncategorized | Comments Off on WaPo: The Watch: ‘Do Not Resist’: A chilling look at the normalization of warrior cops

DC: Gant search incident may precede arrest

Search incident under Gant may precede the arrest, but the product of the search cannot justify it. There must be preexisting cause. “[T]he legality of a Gant evidence search does not depend on whether the officers intended to arrest the suspect at the time of the search at issue.” Here, defendant was stopped for a headlight being out, and then it was discovered there was an expired DL. When defendant got out of the car, there was an open tequila bottle on the console between him and the passenger. Before the passenger could be allowed to leave with the car, it was reasonable to search it for more alcohol. United States v. Lewis, 2016 D.C. App. LEXIS 369 (Sept. 29, 2016) (en banc), rev’g, 100 A.3d 157 (D.C. 2014).

Posted in Search incident | Comments Off on DC: Gant search incident may precede arrest

OH9: Nine air fresheners on mirror and one on each air vent was RS

Defendant had nine air fresheners hanging from the rearview mirror and one over every air vent. That was reasonable suspicion to utilize a drug dog during the computer checks and then another officer running a dog around the car while that was going on. It did not extend the stop [but there was raasonable suspicion anyway]. State v. Brooks, 2016-Ohio-7025, 2016 Ohio App. LEXIS 3887 (9th Dist. Sept. 28, 2016).

The merits of defendant’s search IAC claim was rejected on appeal and can’t be brought in a 2255. Corsi v. United States, 2016 U.S. Dist. LEXIS 132481 (W.D.N.C. Sept. 26, 2016).*

Defense counsel was not ineffective for challenging the search of his cell phone [defendant wasn’t clear as to whether it was his or a co-defendant’s]. In any event, the search was valid and the time it happened under Fourth Circuit law overruled in Riley. It was the law, however, through the appeal, too. Fernandez-Gradis v. United States, 2016 U.S. Dist. LEXIS 133498 (W.D.N.C. Sept. 27, 2016).*

Posted in Cell phones, Ineffective assistance, Reasonable suspicion | Comments Off on OH9: Nine air fresheners on mirror and one on each air vent was RS

OH7: Obstructing officers from going behind house in alleged violation of curtilage affirmed

Defendant was convicted for obstruction by seeking to prevent officers from going behind his house in alleged violation of his curtilage. The officers, however, could articulate valid reasons for going there because of flight of somebody else behind the house, and the obstruction conviction is affirmed. State v. Albright, 2016-Ohio-7037, 2016 Ohio App. LEXIS 3897 (7th Dist. Sept. 27, 2016):
Continue reading →

Posted in Curtilage | Comments Off on OH7: Obstructing officers from going behind house in alleged violation of curtilage affirmed

TN: Consent shown justified despite denials because def admitted he attempted to withdraw consent

The evidence showed defendant consented to a search despite his denials. He admitted, however, “rescinding” his consent, too. State v. Hernandez, 2016 Tenn. Crim. App. LEXIS 727 (Sept. 27, 2016).*

Driving without headlights at 3 am is probable cause for a stop. State v. Sowell, 2016 Tenn. Crim. App. LEXIS 731 (Sept. 21, 2016).*

During a stop on probable cause of a lack of a DL, when the driver emptied his pockets, a pill bottle was seen and the officer could see small baggies inside it which indicated illegal drugs. The plain view was proper. State v. Oakley\, 2016 Iowa App. LEXIS 997 (Sept. 28, 2016).*

Posted in Consent, Plain view, feel, smell | Comments Off on TN: Consent shown justified despite denials because def admitted he attempted to withdraw consent