Category Archives: Uncategorized

Jury trials all next week

First for me since March 2020. Postings will be hit or miss. Mostly miss. I will catch up. Update: We won the Silver Medal.

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D.D.C.: When cell phone is part of crime, a broader SW is permitted

The warrant for defendant’s cell phone showed plenty of probable cause. Because the probable cause was based on use of the phone as an instrumentality of the offense of attempted child exploitation and possession of child pornography, a broader warrant … Continue reading

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S.D.Ind.: Officer’s testimony he could smell about 3 oz of packaged MJ from a moving car is incredible

Officer’s testimony a small quantity of marijuana in two sandwich bags could be smelled as a car drove by is found incredible and contrary to common sense. United States v. Gray, 2021 U.S. Dist. LEXIS 128199 (S.D. Ind. July 9, … Continue reading

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The Bitcoin IRS data appeal in CA1

Bitcoin.com: NCLA Files Appeal Against the IRS — Law Firm Claims Tax Agency Unlawfully Seizes Crypto Data of Thousands by Jamie Redman (“On Friday, the public interest law firm New Civil Liberties Alliance (NCLA) filed an opening brief in the … Continue reading

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WaPo: Federal agencies need stricter limits on facial recognition to protect privacy, says government watchdog

WaPo: Federal agencies need stricter limits on facial recognition to protect privacy, says government watchdog by Gerrit De Vynck (“Black Lives Matter protesters, Jan. 6 rioters and regular travelers are among those targeted by agencies using the tech, including the … Continue reading

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CO: Impeachment exception to exclusionary rule permits defendant to testify truthfully without opening door to suppressed evidence

The impeachment exception to the exclusionary rule does not bar truthful testimony under the right to present a defense. The trial court has to tailor working around suppressed evidence to enable the defendant to testify truthfully, albeit incompletely because of … Continue reading

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OPB: Police in Oregon are searching cellphones daily and straining civil rights

Oregon Public Broadcasting: Police in Oregon are searching cellphones daily and straining civil rights by Jonathan Levinson (“‘The police showed up with search warrants and the magistrate looked at it and said, ‘No, this is not tailored enough. Think about … Continue reading

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Motherboard: Crime App Citizen is Driving a Security Car Around L.A. and Won’t Say Why

Motherboard: Crime App Citizen is Driving a Security Car Around L.A. and Won’t Say Why by Joseph Cox (“The vehicle is linked to a private security company which describes itself as a ‘subscription law enforcement service.’”)

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WaPo: Police told a man a container in his car tested positive for drugs. It was his daughter’s ashes.

WaPo: Police told a man a container in his car tested positive for drugs. It was his daughter’s ashes. By Andrea Salcedo (“Dartavius Barnes sat handcuffed inside a squad car in Springfield, Ill., looking confused as police told him they’d … Continue reading

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Reason: A Supreme Court Decision That Did Lasting Damage to the 4th Amendment

Reason: A Supreme Court Decision That Did Lasting Damage to the 4th Amendment by Damon Root (“How pretextual traffic stops got the judicial stamp of approval.”)

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ABA, CJS: The Myth of Objectivity in Fourth Amendment Jurisprudence

Juval O. Scott, The Myth of Objectivity in Fourth Amendment Jurisprudence, 36 Criminal Justice 13 (No. 1 Spring 2021):

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CA8: Def’s contradicting suppression hearing testimony at trial opened him to cross-examination on it

Where defendant’s testimony of his connection to the car materially changed between the suppression hearing and trial, the government could cross examine him on the contradictions under Simmons. United States v. Navarette, 2021 U.S. App. LEXIS 13458 (8th Cir. May … Continue reading

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LATimes: The FBI raided her home to find Nancy Pelosi’s laptop. But was she the wrong woman?

LATimes: The FBI raided her home to find Nancy Pelosi’s laptop. But was she the wrong woman? (Homer, AK, because she looked like the alleged thief)

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OR: RS as to the car extends to passengers otherwise doing nothing

Reasonable suspicion as to the car can extend to a passenger doing nothing. This is akin to a protective sweep of a house to protect against unknown dangers. State v. Payne, 310 Ore. App. 672, 2021 Ore. App. LEXIS 500 … Continue reading

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NYT: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars

NYT: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars by Mike Baker and Nicholas Bogel-Burroughs (“In a majority of states it is illegal to hang anything from a rearview mirror that obscures a driver’s view. Critics … Continue reading

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18 years old today

(The blog is old enough to vote.)

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NY (Bronx): No “clear indication” shown to connect defs to gun in trunk to compel DNA test

The state doesn’t show a “clear indication” to take DNA samples from three defendants to attempt to connect them to a gun found in the trunk of one defendant’s car that he owned up to. A motion to suppress the … Continue reading

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VICE: How New York Quietly Ended Its Street Drug War

VICE: How New York Quietly Ended Its Street Drug War by Max Daly (“New data analyzed by VICE News reveals a monumental drop in arrests and convictions for low level drug crime in NYC, as the city finally tries to … Continue reading

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NBC: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI

NBC News: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI with Ali Vitali

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IA: Trash container in the grass on the alley within easy reach was searchable

In a trash search case, the trash cans faced an alley but were on defendant’s grass. The officers could open the trash cans without stepping on the property. This was a valid trash search, and, having credited the officers’ testimony, … Continue reading

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