Atlantic.com: An Eye Without an 'I': Justice and the Rise of Automated Surveillance by Ross Andersen:

Over the past decade, video surveillance has exploded. In many cities, we might as well have drones hovering overhead, given how closely we're being watched, perpetually, by the thousands of cameras perched on buildings. So far, people's inability to watch the millions of hours of video had limited its uses. But video is data and computers are being set to work mining that information on behalf of governments and anyone else who can afford the software. And this kind of automated surveillance is only going to get more sophisticated as a result of new technologies like iris scanners and gait analysis.

Yet little thought has been given to the ethics of perpetually recording vast swaths of the world. What, exactly, are we getting ourselves into?

The fact that a search under the automobile exception happened at the police station after the vehicle was removed was not unreasonable under the circumstances. "'[T]he question is not whether the police could have done something different, but whether their actions, when viewed as a whole, were objectively reasonable.'" State v. Minitee, 210 N.J. 307, 44 A.3d 1100 (2012):

Moreover, we do not consider it fatal to the validity of this search that by the time it took place the vehicle had been at police headquarters for some period of time. The difficulties the police faced were exacerbated by the multiple sites that had to be carefully examined for clues with respect to the identity of the perpetrators, the critical need to locate the handgun Baldwin told the police he had discarded when he was on the run, as well as by the fact that the events were not unfolding during normal business hours but, rather, close to midnight and the hours beyond in the dead of winter. The confluence of those multiple factors lead us to conclude that the actions of the police were reasonable under the circumstances. "'[T]he question is not whether the police could have done something different, but whether their actions, when viewed as a whole, were objectively reasonable.'" State v. O'Donnell, 203 N.J. 160, 162 (2010) (quoting State v. Bogan, 200 N.J. 61, 81 (2009)). It is only searches that are objectively unreasonable that run afoul of constitutional principles. State v. O'Hagen, 380 N.J. Super. 133, 141 (App. Div. 2005), aff'd, 189 N.J. 140 (2007) (upholding requirement that upon conviction defendant provide a DNA sample). Nothing within Pena-Flores would lead us to conclude that the search of this vehicle was objectively unreasonable in the totality of the circumstances.

Retaining defendant’s drivers license while asking pointed questions about potentially illegal conduct was a seizure because the defendant would not feel free to go. State v. Scott, 966 N.E.2d 85 (Ind. App. March 1, 2012), ordered published March 16, 2012.

Defendants failed to make a substantial preliminary showing of material falsity to get a Franks hearing. United States v. Neal, 2012 U.S. Dist. LEXIS 81849 (E.D. Tenn. April 13, 2012).*

The district court concluded that defendant’s rationale for consenting was that he hoped that the police wouldn’t find what they were looking for, but they did. That was a reasonable interpretation of the facts supported by the evidence. “That was a rational gamble, but one that Welch lost. Welch's consent was not coerced, just constrained, by having to place his bet on one of two poor alternatives. Maybe if he let them in, the police would want to get the search done quickly and fail to find his contraband. Or maybe if he put them to the trouble of getting a search warrant, they would search more thoroughly because he had inconvenienced them.” United States v. Welch, 683 F.3d 1304 (11th Cir. 2012).*

Defendant left property with another while he was incarcerated. This was not formalized, but it was a relationship that was more than just a subjective expectation of privacy. Contrary to the government’s argument, it was not precipitous, like the cases where the defendant gave drugs to somebody to store just before the police arrived. Accordingly, the court will get to the merits of the search claim, and the government is ordered to respond. United States v. Eldridge, 2012 U.S. Dist. LEXIS 81442 (W.D. N.Y. June 12, 2012).*

Defendant’s IAC claim against defense counsel for not filing a motion to suppress is denied because the guilty plea expressly waived it. United States v. Ortiz, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012).*

Defendant was stopped for alleged DUI, and made to go through a field sobriety test. She was tested for alcohol and drugs. A jury question remained on whether the officer just made it up to justify the stop. Green v. Throckmorton, 681 F.3d 853, 2012 FED App. 0175P (6th Cir. 2012).*

Guest standing here is speculative without a better showing by the defense. United States v. Wix, 2012 U.S. Dist. LEXIS 81871 (W.D. Ky. June 13, 2012)*:

Too many questions exist to accurately measure Defendants' legitimate expectation of privacy in the mobile home. How often did Defendants spend the night in the mobile home and on the Property? The Court cannot possibly measure with any accuracy the subjective statement of Dozier that Wix and she stayed there "a lot." When was the last time Dozier and Wix were guests in the mobile home? Dozier admitted during her testimony that she did not spend the previous night in the trailer and the Court does not have additional information on the subject. Did Defendants have permission to stay there from the owner, Clifford Wix? It may be safe to assume so, but no direct evidence on this point was presented during either hearing. Were there any personal belongings of Defendants in the mobile home? Dozier did not offer any proof on this matter and Wix's silence is impossible to measure. Were Defendants providing Clifford Wix some sort of compensation to stay in the mobile home? Again, there is a deficiency in the record on this issue. Did Defendants have a key to mobile home and could they come and go without first obtaining permission from Clifford Wix? No relevant information was offered in this regard. The only verifiable information about which the Court can be sure is Defendants did not own the mobile home and they did not stay there the night before the police raided the Property. 1 HR, DN 41 p. 9-10.