New American: DEA Began Warrantless Surveillance in 1990s!

Posted on January 19, 2015 by Hall

New American: DEA Began Warrantless Surveillance in 1990s! by Thomas R. Eddlem:
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The Hill: Obama orders review of police militarization

Posted on January 19, 2015 by Hall

The Hill: Obama orders review of police militarization:

President Obama on Friday took steps to curb a federal program that arms local police with surplus military equipment. Through an executive order, the president created a working group – composed of top Cabinet officials – to examine the Pentagon’s 1033 program and recommend reforms to ensure that the law officers receiving the equipment are trained both in its use and in ‘the protection of civil rights and civil liberties’ of local communities.

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WaPo: The ‘Volokh Conspiracy’ Blog: Assessing Holder’s new policy curtailing asset forfeiture

Posted on January 19, 2015 by Hall

WaPo: The ‘Volokh Conspiracy’ Blog: Assessing Holder’s new policy curtailing asset forfeiture:

While there is no doubt that the new policy is a step in the right direction, Radley Balko has an insightful post raising questions about exactly how far it goes, and whether it might be partially undermined by loopholes.

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OK overrules a case to follow Navarette

Posted on January 19, 2015 by Hall

In a Navarette-like case with a citizen informer with stronger facts of DUI, Oklahoma overrules a prior case and holds the stop valid. State v. Alba, 2015 OK CR 2, 2015 Okla. Crim. App. LEXIS 2 (January 16, 2015):
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ND: Refusal to submit statute doesn’t violate the Fourth Amendment under McNeely

Posted on January 19, 2015 by Hall

The North Dakota refusal to submit statute doesn’t violate the Fourth Amendment or state constitution under McNeely. State v. Birchfield, 2015 ND 6, 2015 N.D. LEXIS 5 (January 15, 2015):
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OH8: Nine gang officers stopped and surrounded a group of men on the street; no reasonable suspicion

Posted on January 19, 2015 by Hall

A gang unit was driving in a four vehicle convoy into the hood. When they came upon a group of men, the cars all stopped and nine officers got out and surrounded them. All officers were armed with visible weapons, Tasers, and handcuffs. This was not a consensual police encounter, and there was no reasonable suspicion of criminal activity to justify the initial stop. State v. Hood, 2015-Ohio-102, 2015 Ohio App. LEXIS 98 (8th Dist. January 15, 2015). [In Cleveland, home of Terry v. Ohio.]

Defendant was not “in custody” for Miranda purposes during a knock-and-talk search of his house. He wasn’t restrained; he was moving about the house and talking with his wife and the officers. Then the meth was found and he was asked about it. Melton v. State, 2015 Tex. App. LEXIS 266 (Tex. App. – Amarillo January 13, 2015).*

Officers got a call of a suspicious man looking in backyards. When they got to the scene, only defendant was around, and they stopped and questioned him. Pointing to his pocket, he was asked what was there, and he admitted he had a knife. That was cause for a patdown, and the trial court erred in suppressing. State v. Forester, 2015-Ohio-98, 2015 Ohio App. LEXIS 96 (8th Dist. January 15, 2015).*

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N.D.Cal.: Def’s admission he lived in place he was found justified parole search of place

Posted on January 19, 2015 by Hall

All things considered, defendant consented to a search of the house. The fact the consent form was signed after the entry is of minimal value and couldn’t cure an illegal entry anyway. The search is also justified as a parole search. While defendant didn’t list that address with the parole department, he and his cotenant said that it was where he lived. United States v. Johnson, 2015 U.S. Dist. LEXIS 4550 (N.D. Cal. January 14, 2015).

Officers had an erroneous belief defendant was in a hotel room when they entered with an arrest warrant for him using hotel housekeeping to knock, and, getting no answer, unlock the door. (They saw movement through a window near his door, but it turned out it was the adjoining room.) They found the room empty and a shotgun. When defendant arrived at the hotel, they saw shotgun shells in plain view in the front seat of his van. The shotgun is suppressed, but the shells are not. United States v. McIntosh, 2014 U.S. Dist. LEXIS 180318 (N.D. Ga. December 17, 2014).*

Admission of 4-5 beers and smell of alcohol in the car after stop for driving left of center was reasonable suspicion for a FST. State v. Mencini, 2015-Ohio-89, 2015 Ohio App. LEXIS 75 (9th Dist. January 14, 2015).*

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E.D.Tenn.: Using def’s cell phone to call 911 to obtain its number did not violate Riley

Posted on January 19, 2015 by Hall

The use of defendant’s cell phone to call 911 to obtain its number did not violate Riley, and, even so, was within the good faith exception. United States v. Caldwell, 2015 U.S. Dist. LEXIS 4279 (E.D. Tenn. January 14, 2015), R&R 2014 U.S. Dist. LEXIS 180358 (E.D. Tenn. July 23, 2014).

Defendant was belligerent at a Burger King drive-thru, and he went across the street to McDonald’s. The BK employee called the police only because he didn’t want defendant coming back, and the basis of the stop was to tell the defendant he wasn’t welcome at BK. The officer found defendant was under the influence. The stop was reasonable. State v. Bell, 2015 La. App. LEXIS 69 (La.App 1 Cir. January 15, 2015).*

Officers did not attempt to obtain consent from defendant, so he did not have veto power over consent. Defendant’s live-in girlfriend consented to the search of their bedroom where the gun was found, and that was essentially the same as Fernandez. United States v. Williams, 2015 U.S. Dist. LEXIS 4331 (M.D. Pa. January 14, 2015).*

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Animal Cognition: Handler beliefs affect scent detection dog outcomes

Posted on January 18, 2015 by Hall

Animal Cognition: Handler beliefs affect scent detection dog outcomes by Lisa Lit, Julie B. Schweitzer & Anita M. Oberbauer:

Abstract:

Our aim was to evaluate how human beliefs affect working dog outcomes in an applied environment. We asked whether beliefs of scent detection dog handlers affect team performance and evaluated relative importance of human versus dog influences on handlers’ beliefs. Eighteen drug and/or explosive detection dog/handler teams each completed two sets of four brief search scenarios (conditions). Handlers were falsely told that two conditions contained a paper marking scent location (human influence). Two conditions contained decoy scents (food/toy) to encourage dog interest in a false location (dog influence). Conditions were (1) control; (2) paper marker; (3) decoy scent; and (4) paper marker at decoy scent. No conditions contained drug or explosive scent; any alerting response was incorrect. A repeated measures analysis of variance was used with search condition as the independent variable and number of alerts as the dependent variable. Additional nonparametric tests compared human and dog influence. There were 225 incorrect responses, with no differences in mean responses across conditions. Response patterns differed by condition. There were more correct (no alert responses) searches in conditions without markers. Within marked conditions, handlers reported that dogs alerted more at marked locations than other locations. Handlers’ beliefs that scent was present potentiated handler identification of detection dog alerts. Human more than dog influences affected alert locations. This confirms that handler beliefs affect outcomes of scent detection dog deployments.

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NY, Bronx Co.: Wiretap minimization requirements are founded on the Fourth Amendment protection against unreasonable searches and of particularity

Posted on January 18, 2015 by Hall

Wiretap minimization requirements are founded on the Fourth Amendment protection against unreasonable searches and of particularity. This is the case against NYPD officers accused of ticket fixing. People v. Anthony, 2015 NY Slip Op 25003, 2015 N.Y. Misc. LEXIS 44 (Bronx Co. January 12, 2015)*:
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E.D.Mich.: Court grants suppression hearing on state law violations, even though it may not be relevant

Posted on January 18, 2015 by Hall

Because circuit case law is unclear on whether a violation of state law is relevant [it likely won’t be under Virginia v. Moore], defendant gets a suppression hearing. United States v. Watkins, 2015 U.S. Dist. LEXIS 4037 (E.D. Mich. January 14, 2015)*:
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Pal-Item (IN): Court: ISP trooper lied about meth case

Posted on January 17, 2015 by Hall

Pal-Item: Court: ISP trooper lied about meth case by Pam Tharp:

LIBERTY, Ind. – Criminal charges filed against a Liberty man for allegedly cooking meth were dropped last week because an Indiana State Police trooper allegedly lied to obtain a search warrant for the man’s home.

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D.Utah: Using drug dog while waiting for call back from dispatch was reasonable; didn’t prolong the stop

Posted on January 17, 2015 by Hall

During the eight minutes of a normal traffic stop, the use of a drug dog by the officer while waiting for word back from dispatch was reasonable. United States v. Guzman-Cruz, 2015 U.S. Dist. LEXIS 3312 (D. Utah January 11, 2015). Essentially, a drug dog can be used in any traffic stop while dispatch conveniently takes their time in getting back to the officer with the dog? This is too easily manipulated to seriously be the law. Defense counsel: be vigilant and don’t give up on these arguments.

The officer heard a sound and looked toward defendant’s car, thinking defendant had hit something. There was no evidence or observation of an accident. The defendant’s stop based on the sound was without reasonable suspicion. “Upon our review of the record, we conclude that the preponderance of the evidence presented at the hearing does not support the judgment of the trial court. Accordingly, we hold that as a matter of law there was no reasonable suspicion to stop the Defendant-Appellant.” State v. Yacks, 2015 Tenn. Crim. App. LEXIS 25 (January 13, 2015).*

Since the court finds that defendant was not in “custody” for Miranda purposes, the fruit of the poisonous tree argument necessarily fails. United States v. Lowe, 2015 U.S. Dist. LEXIS 4804 (E.D. Mich. January 15, 2015).*

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N.D.Ala.: Any possible mistake of law on open carry was reasonable under Heien

Posted on January 17, 2015 by Hall

In a consensual encounter, the officer saw the butt of a gun sticking out of defendant’s back pocket. The direction to him to “turn around” was custodial. Even assuming that defendant had a right to carry a gun, any mistake of law was reasonable under Heien. United States v. Moore, 2014 U.S. Dist. LEXIS 180138 (N.D. Ala. December 22, 2014):
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E.D.Tenn.: Def’s efforts to distance self from drugs at suppression hearing costs him standing

Posted on January 17, 2015 by Hall

The defendant’s statements to the USMJ that he was neither a resident nor a guest at the house searched denies him standing to contest the search there. United States v. Griffin, 2015 U.S. Dist. LEXIS 3695 (E.D. Tenn. January 13, 2015).

Officers were in a “high crime area,” an apartment complex, and approached a group of men obviously smoking pot. Defendant ran, and they pursued. “Upon consideration of Officer Olson’s testimony, the audiovisual recording, and the remaining evidence, the Court finds that Defendant’s flight from the officers was not improperly provoked by the officers’ actions. Rather, Defendant’s flight was unprovoked and was sufficient to warrant the officers’ pursuit and seizure of Defendant. Indeed, given the residential nature of the area and the presence of many bystanders—including children—the officers had little choice but to pursue the Defendant to determine if he presented a risk to the public.” He was found with a gun on him, and he’s charged with felon in possession. United States v. Luckett, 2015 U.S. Dist. LEXIS 3860 (M.D. Fla. January 13, 2015).*

Defense counsel was not ineffective for not challenging the private search of an electronic device for child pornography that was given by his girlfriend to the police. Then a probation search was performed and more was seized. They were all searched by warrant. No motion to suppress would have succeeded. Therefore, no IAC. United States v. Shouse, 2015 U.S. Dist. LEXIS 3345 (D. Mont. January 12, 2015).*

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D.Conn.: A minor prostitute in a hotel room is exigency for entry

Posted on January 17, 2015 by Hall

Officers had strong reason to believe a minor prostitute was in a hotel room rented by her pimp, and that was exigency justifying warrantless entry into the room. United States v. Thomas, 2015 U.S. Dist. LEXIS 3888 (D. Conn. January 13, 2015):
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WaPo: Radley Balko’s ‘The Watch’ Blog: Breaking down Holder’s move to limit civil asset forfeiture abuse

Posted on January 17, 2015 by Hall

WaPo: Radley Balko’s ‘The Watch’ Blog: Breaking down Holder’s move to limit civil asset forfeiture abuse:

The outgoing AG strikes a blow in favor of property rights, federalism.

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BLT & NYT: Feds Reveal New Details About Secret Database of Phone Records

Posted on January 17, 2015 by Hall

BLT: Feds Reveal New Details About Secret Database of Phone Records by Zoe Tillman:

The U.S. Department of Justice, forced by a judge to reveal information about a secret law enforcement database of phone records, on Thursday disclosed new details about the now-defunct data-collection program.

NYTimes: U.S. Discloses New Trove of Phone Call Records:

The Justice Department revealed on Thursday the existence of yet another database of American telephone records, adding new details to the disclosures in recent years about mass government surveillance. This database was maintained by the Drug Enforcement Administration and contained the records of calls made between phone numbers in the United States and overseas. The phone records were retained even if there was no evidence the callers were involved in criminal activity.

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Cal.4: DV improper in state § 1983 case; 14 detention of guests at house at time of raid was likely unreasonable, and no QI

Posted on January 17, 2015 by Hall

Plaintiff had a big annual Halloween party at his Orange County mansion that the neighbors always complained about. This one was called “Casino Night,” so the OCSO decided to get a search warrant and raid the place with the SWAT team [remember the cases on the SWAT team can’t perform administrative searches?]. The search warrant was used as an excuse to detain plaintiffs 14 hours for questioning about conspiracy to gamble with two likely inoperable slot machines. The trial court erred in granting a directed verdict for the officers. The search warrant did not grant wholesale authority to detain the people inside on the whim of the officers for questioning. Guillory v. Hill, 2015 Cal. App. LEXIS 38 (4th Dist. January 16, 2015):
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Capital (NYS): Torres says ‘Right to Know’ proposal misunderstood

Posted on January 16, 2015 by Hall

Capital (NYS): Torres says ‘Right to Know’ proposal misunderstood by Gloria Pazmino:

Councilman Ritchie Torres said Friday there is a “campaign” to misrepresent the purpose of his policing bill, called the Right to Know Act, which would require officers to get verbal or written consent before searching a person when there is no warrant or probable cause.

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