The Atlantic: Seen It All Before: 10 Predictions About Police Body Cameras

The Atlantic: Seen It All Before: 10 Predictions About Police Body Cameras by Robinson Meyer:

Twenty years ago, law enforcement and activists teamed up to support another video surveillance technology: in-car dash cams.

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New Yorker: No Such Thing as Racial Profiling

New Yorker: No Such Thing as Racial Profiling by Jelani Cobb:

The stilted conversations that have followed these tragedies have largely focussed on the meaning and implications of the nonsensical phrase ‘racial profiling.’ Nothing better illustrates the slick, manipulative power of euphemism than the fact that our dialogue takes seriously this non-term. There is no such thing as “racial profiling”-there is simply racism.

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HuffPo: Tommy Wall Loses Job, House, Reputation After Police Wrongly Charge Him With Child Rape

HuffPo: Tommy Wall Loses Job, House, Reputation After Police Wrongly Charge Him With Child Rape by David Lohr.

They arrested based on his alleged resemblance to a man in a video, but didn’t look at the video until playing it in court at a hearing 105 days after Wall’s arrest, finally realizing that Wall couldn’t be the guy. At least they admitted it in court.

Wall sat behind bars for 105 days — fearing he’d be stabbed or worse the whole time — before the prosecution played the supposed evidence in court. That was the moment, Wall said, that the sheriff’s office and prosecutors realized they had made a big mistake.

“When they did show it, they noticed I was not the man in the video,” Wall said. “I have tattoos on my back, the guy in the video did not. The voice was different, the hair was different, the glasses were different, the man had a big mole on his head — everything was different.”

Webb said the first time he was permitted to view the video was in court. He said he was shocked that authorities had not bothered to closely examine it prior to Wall’s arrest.

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Cal.1: Taking DNA from an arrestee violates the California Constitution; Maryland v. King distinguished

California’s Constitution and DNA statute is different than Maryland’s in Maryland v. King so taking DNA from an arrestee is unconstitutional. People v. Buza, 2014 Cal. App. LEXIS 1100 (1st Dist. December 3, 2014):
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Marshall Project: The Pentagon Finally Details its Weapons-for-Cops Giveaway

Marshall Project: The Pentagon Finally Details its Weapons-for-Cops Giveaway:

Flooded with calls for greater transparency, in late November, the Pentagon quietly released data that details all tactical equipment distributed through the program, and for the first time identified the agencies that received items. The data is a national gift list of high-caliber weapons, armored vehicles, aircraft and similar military equipment, all delivered for the price of shipping and often with little civilian oversight.

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S.D.N.Y.: Cell phone PC and particularity; GFE applies to cell phone warrant execution

Defendant was a guard at Riker’s Island prison complex, and he was arrested in a drug conspiracy. When a cell phone is removed from a person at the time of arrest and a search warrant is sought, the government doesn’t have to show it knew that any particular phone was involved in the crime, just that some cell phone might have been. The ones seized off the person are inferentially involved. Also, the good faith exception applies to warrant execution, and it is applied here. United States v. Romain, 2014 U.S. Dist. LEXIS 166500 (S.D.N.Y. December 1, 2014):
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C.D.Cal.: GFE applies to foreign search by Cambodia National Police turned over to U.S.

Defendant was charged in the Central District of California with international travel to have sex with a minor in Cambodia. He was also charged in Cambodia, and that case led to a Cambodian Supreme Court decision remanding the search question. That case is not over, and the Cambodian courts may or may not suppress the search. The papers from Cambodia were filed here. The U.S. officers in Cambodia believed in good faith at the time that the search in Cambodia was lawful. “The good faith exception to the exclusionary rule can apply to searches conducted abroad by foreign law enforcement officers. See Peterson, 812 F.2d at 492 (‘Although local law of the Philippines governs whether the search was reasonable, our law governs whether illegally obtained evidence should be excluded, and the essence of our inquiry is whether exclusion serves the rationale of deterring federal officers from unlawful conduct.’)” It applies here. United States v. Boyajian, 2014 U.S. Dist. LEXIS 166806 (C.D. Cal. November 26, 2014):
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CA11: Welfare recipients can’t be drug tested without reasonable suspicion

Welfare recipients can’t be drug tested without reasonable suspicion as a condition of receiving benefits under the Fourth Amendment. [This is Lebron II.] Lebron v. Sec’y of the Fla. Dept. of Children & Families, 772 F.3d 1352 (11th Cir. 2014):

A Florida statute mandates suspicionless drug testing of all applicants seeking Temporary Assistance for Needy Families (“TANF”) benefits. See Fla. Stat. § 414.0652. Luis Lebron sued the Secretary of the Florida Department of Children and Families (the “State”), claiming that the statute violates the Fourth Amendment’s prohibition against unreasonable searches and seizures, applied against the states through the Fourteenth Amendment. After we affirmed the entry of a preliminary injunction barring the application of the statute against Lebron, the State halted the drug-testing program. See Lebron v. Sec’y, Fla. Dep’t of Children & Families (Lebron I), 710 F.3d 1202 (11th Cir. 2013). Since then, the district court granted final summary judgment to Lebron, declared § 414.0652 unconstitutional, and permanently enjoined its enforcement.

We affirm. Continue reading →

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The Marshall Project: What You Need to Know About Body Cameras

The Marshall Project: What You Need to Know About Body Cameras by Clare Sestanovich:

Police cams are all the rage. Are they the answer?

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WSJ: Hundreds of Police Killings Are Uncounted in Federal Stats

WSJ: Hundreds of Police Killings Are Uncounted in Federal Stats by Bob Barry and Coulter Jones:

A Wall Street Journal analysis of the latest data from 105 of the country’s largest police agencies found more than 550 police killings during those years [2007-2012] were missing from the national tally or, in a few dozen cases, not attributed to the agency involved. The result: It is nearly impossible to determine how many people are killed by the police each year.

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E.D.Mich.: 30 day cell phone GPS tracking order requires PC and particularity

A 30 day cell phone GPS tracking order requires probable cause and particularity; otherwise it is a general warrant. Intercepted calls, however, led to a search warrant for his house. The search of the house has a different basis, and was in good faith. United States v. White, 2014 U.S. Dist. LEXIS 166444 (E.D. Mich. November 24, 2014):
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Three Aaron Hernandez cell phone and house search cases on Lexis today; cell phone turned over to lawyers not immune from search (Updated)

Commonwealth v. Hernandez, 2014 Mass. Super. LEXIS 144 (Super. Ct. Bristol August 26, 2014) (“Because the Commonwealth failed to sustain its burden of proof that the cell phones and iPads were in plain view, that their incriminating character was immediately apparent, and that they were discovered inadvertently, their seizure cannot be justified under the plain view doctrine.” A search warrant for one cell phone doesn’t warrant seizure of all cell phones to see if they are the one named. All they had to do was call the subject phone to identify it.) [See update at bottom]:
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N.D.Okla.: Longtime boyfriend given standing in girlfriend’s place whether spending night or not

Defendant was the boyfriend of the woman who was the householder, and he had standing to contest the police entry into her home. Whether he was an overnight guest at that moment, the course of their long relationship was such that he had a privacy interest enough in her place to object to that entry. She, however, consented to the entry. There was also sufficient cause for a protective sweep. United States v. Owen, 2014 U.S. Dist. LEXIS 166115 (N.D. Okla. December 1, 2014):
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D.D.C.: Even if NSA captured def’s calls, search of laptop at LAX was attenuated and with RS

Defendant was charged with violating the trade embargo with Iran. The government refused to provide details of how it accessed telephone call information, the defendant asserting that the NSA must have captured his call information. Assuming, then, that the search that acquired the telephone information was unconstitutional, the search of his laptop at LAX was attenuated and not in bad faith. United States v. Hassanshahi, 2014 U.S. Dist. LEXIS 166156 (D.D.C. December 1, 2014):
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The Hill: DOJ wants Apple to help unlock iPhones

The Hill: DOJ wants Apple to help unlock iPhones by Cory Bennett:

The Department of Justice is harkening back to an 18th-century federal law to get access to encrypted iPhones, according to court documents published Monday by ArsTechnica.

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The Recorder: Judge Limits Feds’ Email Search Request

The Recorder: Judge Limits Feds’ Email Search Request by Ross Todd:

Magistrate Judge Paul Grewal said he wouldn’t approve an indefinite gag order as part of a search warrant for a Hotmail account.

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The Recorder: CA Lawmaker Offers New Bill to Regulate Drones

The Recorder: Lawmaker Offers New Bill to Regulate Drones by Cheryl Miller:

SACRAMENTO — A state lawmaker has revived legislation to curb public agencies’ use of drones just two months after Gov. Jerry Brown vetoed a bill with nearly identical aspirations.

Assemblywoman Nora Campos, D-San Jose, unveiled AB 37 on Monday, the first day of the new two-year legislative session. The bill would require law enforcement agencies to obtain warrants before using unpiloted aircraft, except in certain situations, including “hot pursuits,” and natural disasters. Drone-collected images would have to be destroyed within a year, and agencies would have to notify the public about their plans for using such aircraft.

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D.Minn.: No nexus shown in house only incidentally connected to defendant

There was no nexus shown at a house defendant merely visited between his house and a drug deal he left to complete 20 blocks away, stopping at the subject house in between. “It stretches credulity to conclude that Gilliam’s single stop at a residence previously entirely unconnected to Gilliam and any alleged illicit activity or other evidence of a crime would be sufficient to establish probable cause to believe that law enforcement may find contraband or other evidence of a crime therein.” United States v. Patterson, 2014 U.S. Dist. LEXIS 166252 (D. Minn. September 26, 2014).

The entry of defendant’s apartment was shown to be by consent. Immigration officers arrived to serve a removal warrant, and defendant let them in. Drugs were found, but the immigration officers had to call other officers to deal with that because it wasn’t their job. United States v. Garcia, 2014 U.S. Dist. LEXIS 166063 (N.D. Ill. December 1, 2014).*

A motion to reconsider a motion to suppress is to have the court reconsider mistakes of law or fact or newly discovered evidence. This motion doesn’t do that and it asks the court to take judicial notice of nonjudicially noticeable facts, like a witness lied. It was also untimely. United States v. Waller, 2014 U.S. Dist. LEXIS 165993 (W.D. Pa. November 27, 2014).*

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Colorado State University Student Legal Services Attorney resigns because of alleged Fourth Amendment violations by CSU

Colorado State University Student Legal Services Attorney resigns because of alleged Fourth Amendment violations by CSU. Collegian: UPDATE: University responds to attorney’s resignation [with original story] by Danny Bishop

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WaPo: Is Uber’s rider database a sitting duck for hackers?

WaPo: Is Uber’s rider database a sitting duck for hackers? by Craig Timberg:

Imagine for a second that your job is to gather intelligence on government officials in Washington, or financiers in London, or entrepreneurs in San Francisco. Imagine further that there existed a database that collected daily travel information on such people with GPS-quality precision- where they went, when they went there and who else went to those same places at the same times.

In light of Uber’s CEO’s comments to the press in recent weeks, what’s to stop Uber from just using the information for malicious purposes?

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