Salon: AI is automating injustice in American policing

Salon: AI is automating injustice in American policing by Nicholas Liu (“AI has raised deep concerns about police power and the erosion of rights, finding scapegoats instead of solutions.”):

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E.D.Mich.: This is how federal officers treat minor victims?

In executing a sex trafficking warrant in the wintertime (Detroit, 1/14/25), the minor victim they’d pinged for her whereabouts was handcuffed and left outside for a while. It was never apparent until inside the third floor was someone’s separate residence. The warrant was validly executed, but the alleged sex trafficking victim was mistreated by taking outside without adequate clothing. [According to Weather Underground, the high that day was 21º and the low 14º.] United States v. Phillips, 2026 U.S. Dist. LEXIS 25679 n.5 (E.D. Mich. Feb. 8, 2026):

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E.D.N.C.: Random stop at military base gate validly led to DUI

Military officers working the gate at Fort Bragg had reasonable suspicion defendant was driving under the influence when he was stopped for random inspection before entry into the base. It ripened to probable cause. United States v. Lock, 2026 U.S. Dist. LEXIS 25560 (E.D.N.C. Feb. 5, 2026).

Plaintiff’s Fourth Amendment claim arose in 2018, and Colorado law gives two years. He waited until 2024 to file the claim. Dismissed. Deleon v. Linnemeyer, 2026 U.S. Dist. LEXIS 25656 (D. Colo. Feb. 6, 2026).*

The tip said defendant claimed to have 100 guns. When his house was searched, five were found. That led to a fair inference the others were in his storage unit. (As to one of the challenged searches, when no evidence is seized in a particular search, there is nothing to suppress.) United States v. Payne, 2026 U.S. Dist. LEXIS 25654 (D. Colo. Feb. 6, 2026).*

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M.D.La.: Opening the oven door during a probation home visit was reasonable, and guns were found

Defendant was under state supervision. Officers conducted a residence check and opened the oven finding three firearms. That search was reasonable. United States v. Hoang, 2026 U.S. Dist. LEXIS 24056 (M.D. La. Feb. 5, 2026).

Defendant was found sleeping in a car, and the officer saw a firearm. He asked for defendant’s ID before returning the gun, and this was reasonable for safety’s sake. United States v. Rivers, 2026 U.S. Dist. LEXIS 24121 (E.D. Mo. Jan. 6, 2026).*

Defendant was arrested for drugs and taken to jail. A search warrant was prepared, and defendant bailed out and got back in time to be there for the search. There was probable cause for the warrant. State v. Smith, 2026-Ohio-359 (7th Dist. Feb. 4, 2026).*

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IN: The fact a drug dog could alert to hemp doesn’t mean an alert isn’t PC

The fact a drug dog can alert to hemp as well as marijuana doesn’t make the dog alert violate the Fourth Amendment. Akins v. State, 2026 Ind. App. LEXIS 39 (Feb. 6, 2026):

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D.Neb.: SI valid even though def handcuffed face down

Being handcuffed on the ground doesn’t negate search incident to arrest. United States v. Dominguez, 2026 U.S. Dist. LEXIS 24803 (D. Neb. Feb. 6, 2026).

On arrest on I-235, defendant’s vehicle was subject to being towed and inventoried. The court rejects that inventory was a ruse. United States v. Ingram, 2026 U.S. Dist. LEXIS 25081 (W.D. Okla. Feb. 6, 2026).*

The state’s ability to appeal suppression or exclusion of evidence is limited to motion to suppress for constitutional violations and maybe statutory ones, not limiting 404(b) evidence. State v. Crawford, 2026 OK CR 4 (Feb. 5, 2026).*

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OH2: No REP in juvenile detention phone calls

Even in juvenile detention, there’s no reasonable expectation of privacy in jail calls. In re C.C., 2026-Ohio-374, 2026 Ohio App. LEXIS 437 (2d Dist. Feb. 6, 2026).

“Tyson, while failing to cite any binding authority in support of his position, essentially calls upon the Court to divine new Independent Source doctrine. The Court will not take up that task here.” And, he cites no authority for his proposition. United States v. Tyson, 2026 U.S. Dist. LEXIS 24648 (E.D. Va. Feb. 5, 2026).*

Having three female CBP officer shifts at the Port of Tampa at night for searches of female travelers was shown to be a BFOQ. Not Title VII violation. Anderson v. Secretary, DHS, 2026 U.S. App. LEXIS 3800 (11th Cir. Feb. 6, 2026).*

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D.N.D.: PC shown for SW for drug trafficker’s car’s GPS

The search warrant for defendant’s vehicle’s GPS system used in his indictment for drug trafficking was based on probable cause. It also tracked the language of his cell phone warrant. United States v. Haymon, 2026 U.S. Dist. LEXIS 24462 (D.N.D. Feb. 5, 2026).

“[P]resuming the truth of all Reeves’s well-pleaded assertions of fact, a reasonable jury could conclude that this was a circumstance where little to no force was warranted to effectuate Reeves’s arrest and that the arresting officers used excessive force when they ‘slammed’ him against a wall, as well as when they continued to cuff Reeves behind his back despite his complaints of pain and his alerting the officers that doing so exacerbated Reeves’s previous injuries. Defendants’ motion to dismiss the federal and state excessive force claims is denied.” Reeves v. City of N.Y., 2026 U.S. Dist. LEXIS 24375 (E.D.N.Y. Feb. 5, 2026).*

Franks challenge fails over omissions. “[T]he Court agrees with [Magistrate] Judge Senechal’s determination that, even if Officer Gossen had included the omitted information in his declaration, the reviewing judge may still have found probable cause for the warrant.” United States v. Griffien, 2026 U.S. Dist. LEXIS 24464 (D.N.D. Feb. 5, 2026).*

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CA11: Jury gets to decide here that stop lacked RS

There’s a dispute for the jury whether there was reasonable suspicion for plaintiff’s continued detention. The stop was based on an anonymous tip, and plaintiff didn’t match it, which the officers had to know. Jarvis v. City of Daytona Beach, 2026 U.S. App. LEXIS 3795 (11th Cir. Feb. 6, 2026).* [And I always wondered how we’d instruct a jury on reasonable suspicion so it makes sense to them.]:

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CA6: Stone requires that a habeas petitioner had a method to make 4A claims, not that they would succeed

Petitioner had his opportunity to litigate his Fourth Amendment claim in state court and did, and the outcome doesn’t matter. The fact that he could do so does. CoA denied. Bugno v. Walters, 2026 U.S. App. LEXIS 3780 (6th Cir. Feb. 5, 2026)*:

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NY Co.: State showed PC for DNA test for firearm possession

Here, the state showed probable cause and reasonableness to seek DNA from defendant to compare it to alleged touch DNA found on the firearm he’s alleged to have possessed in threatening two ADAs. People v. Hightower, 2026 NY Slip Op 50106(U), 2026 N.Y. Misc. LEXIS 424 (N.Y. Co. Jan. 20, 2026):

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M.D.Fla.: Postal workers have no REP in their work trucks

Postal workers have no reasonable expectation of privacy in their work trucks. It’s owned by the USPS and others always have access and they well know they are subject to surveillance on the job. United States v. Ayala, 2026 U.S. Dist. LEXIS 23757 (M.D. Fla. Feb. 5, 2026).

The government adequately showed necessity of naming suspects in its Title III application to install a CCTV in defendant’s garage. The pole camera outside was thought by the government to be inadequate to identify international suspects. United States v. Carrazco-Martinez, 2026 U.S. App. LEXIS 3726 (7th Cir. Feb. 5, 2026).*

The cell phone extraction suppression motion is granted. The phone was delivered to the extractor outside of the 10-day window, and that’s important in New York. People v. Haye, 2026 NY Slip Op 50105(U), 2026 N.Y. Misc. LEXIS 413 (N.Y. Co. Jan. 29, 2026).*

Posted in Cell phones, Exclusionary rule, Pole cameras, Reasonable expectation of privacy | Comments Off on M.D.Fla.: Postal workers have no REP in their work trucks

CA5 explaining clearly established law, again; fair notice to police

CA5 explaining clearly established law, again. Elizondo v. Hinote, 2026 U.S. App. LEXIS 3713 (5th Cir. Feb. 5, 2026)*:

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CA6: Flock violated no duty to ptf when he was stopped based on police mistake, if there was one

Plaintiff sued Flock because he was stopped but then released because his LPN was put on a “hot list” by police, apparently mistakenly. He had no reasonable expectation of privacy in his LPN, and his stop was by the police, not Flock. They just gathered the information which was not a tort, misrepresentation, or outrageous conduct. Smith v. Flock Grp. Inc., 2026 U.S. App. LEXIS 3864 (6th Cir. Feb. 6, 2026) [an order, not full opinion, so not on CA6 website].

Officers get qualified immunity for suppressing a 3:30 am wedding party fight in a hotel lobby that resulted in a 911 call. Camarca v. City of Covington Police Dep’t, 2026 U.S. App. LEXIS 3699 (6th Cir. Feb. 4, 2026).*

Defendant’s stop for an open container was based on the officer’s observation, and that permitted him to check for outstanding warrants on defendant. United States v. Sumlin, 2026 U.S. Dist. LEXIS 23809 (N.D. Ga. Feb. 5, 2026).*

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D.Mass.: Use of confidential taxpayer information to conduct immigration arrests and entries is enjoined

The use of confidential taxpayer information by ICE for immigration raids without any statutorily required procedures is enjoined. There is also the problem of no judicial warrant from judicial officer, just an immigration judge if at all. Cmty. Econ. Dev. Ctr. of Se. Mass. v. Bessent, 2026 U.S. Dist. LEXIS 24212 (D. Mass. Feb. 5, 2026)*:

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D.Md.: Premature filing of FTCA case over a search denies jurisdiction

Because plaintiff filed his FTCA case before the six-month window was up, the court lacks jurisdiction over it. There is also a Bivens claim for execution of a search warrant which the court finds different than Bivens. Wood v. United States, 2026 U.S. Dist. LEXIS 23761 (D. Md. Feb. 5, 2026).

Summary judgment was denied on the disputed facts and not reaching qualified immunity. Remanded for qualified immunity analysis, too. Simmons v. Shobert, 2026 U.S. App. LEXIS 3619 (10th Cir. Feb. 5, 2026).*

No qualified immunity for alleged gratuitous use of force on a handcuffed suspect. Holman v. Wiggs, 2026 U.S. Dist. LEXIS 22997 (M.D.N.C. Feb. 4, 2026).*

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CA6: No standing in a group chat SW of another person’s account

Defendant had no standing to challenge a group chat obtained by search warrant from a social media provider of another person’s account. (Defendants discussed a kidnapping over group chat.) United States v. Blake, 2026 U.S. App. LEXIS 3686 (6th Cir. Feb. 5, 2026).

Qualified immunity denied in this excessive force case. Issues remain for trial over whether gratuitous force was used against the plaintiff. Pears v. Franklin, 2026 U.S. App. LEXIS 3691 (11th Cir. Feb. 5, 2026).*

Plaintiff’s complaint against prosecutors for allegedly disclosing jail calls doesn’t state a claim here, plus there’s likely prosecutorial immunity. Tenace v. Pratt, 2026 U.S. Dist. LEXIS 23131 (N.D.N.Y. Feb. 3, 2026).*

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MI: Def not in custody during execution of DNA warrant where she chose to talk

In a 25-year-old cold case of a buried infant, officers got a warrant for defendant’s DNA. She argued she was in custody for purposes of her statement given at the time, but she wasn’t. The officers were clear on that. People v. Gerwatowski, 2026 Mich. App. LEXIS 981 (Feb. 4, 2026).

This is the second suppression motion in this case, and it’s a month out of time and virtually identical to one already denied. United States v. Richmond, 2026 U.S. Dist. LEXIS 23604 (D.S.D. Feb. 3, 2026).*

“A vehicle stop generally comports with the Fourth Amendment when it is supported by ‘probable cause that an occupant of the [vehicle] has committed a traffic offense,’ even if the officer stopped the vehicle ‘for a different reason.’” United States v. Hollyfield, 2026 U.S. Dist. LEXIS 23257 (E.D. Tenn. Feb. 4, 2026).*

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404 Media: FBI Couldn’t Get into WaPo Reporter’s iPhone Because It Had Lockdown Mode Enabled

404 Media: FBI Couldn’t Get into WaPo Reporter’s iPhone Because It Had Lockdown Mode Enabled by Joseph Cox (“Lockdown Mode is a sometimes overlooked feature of Apple devices that broadly make them harder to hack. A court record indicates the feature might be effective at stopping third parties unlocking someone’s device. At least for now.”)

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CA10: Inconsistency in travel plans isn’t RS per se; officer has to see that they’re lying

Inconsistency in travel plans alone isn’t reasonable suspicion to extend a vehicle stop. The officer has to conclude that one of the occupants was lying about plans. “A trooper can reasonably suspect criminal activity when a driver and passenger lie about their travel plans. … But arguable inconsistencies may sometimes be innocent: A person might mishear a trooper’s question, might think the travel plans are none of the trooper’s business, might misremember details of a trip, or might be confused. See United States v. Santos, 403 F.3d 1120, 1131-32 (10th Cir. 2005) (discussing innocent explanations for inconsistencies in travel plans). When an inconsistency indisputably shows that the driver or passenger is lying, a trooper’s suspicion may be reasonable. United States v. Wallace, 429 F.3d 969, 976 (10th Cir. 2005).” United States v. Robbins, 2026 U.S. App. LEXIS 3621 (10th Cir. Feb. 5, 2026).

A revocation petition’s affirmation of the truth of what was pled satisfied the Fourth Amendment. United States v. Jimenez, 2026 U.S. Dist. LEXIS 22486 (E.D. Cal. Feb. 3, 2026).*

Defendant’s post-conviction petition over his alleged illegal search was years out of time. State v. Davis, 2026 Del. Super. LEXIS 54 (Feb. 1, 2026).*

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