Category Archives: Uncategorized

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.”)

Posted in Uncategorized | Comments Off on Reason: A Supreme Court Decision That Did Lasting Damage to the 4th Amendment

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):

Posted in Uncategorized | Comments Off on ABA, CJS: The Myth of Objectivity in Fourth Amendment Jurisprudence

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

Posted in Uncategorized | Comments Off on CA8: Def’s contradicting suppression hearing testimony at trial opened him to cross-examination on it

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)

Posted in Uncategorized | Comments Off on LATimes: The FBI raided her home to find Nancy Pelosi’s laptop. But was she the wrong woman?

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

Posted in Uncategorized | Comments Off on OR: RS as to the car extends to passengers otherwise doing nothing

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

Posted in Uncategorized | Comments Off on NYT: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars

18 years old today

(The blog is old enough to vote.)

Posted in Uncategorized | Comments Off on 18 years old today

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

Posted in Uncategorized | Comments Off on NY (Bronx): No “clear indication” shown to connect defs to gun in trunk to compel DNA test

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

Posted in Uncategorized | Comments Off on VICE: How New York Quietly Ended Its Street Drug War

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

Posted in Uncategorized | Comments Off on NBC: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI

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

Posted in Uncategorized | Comments Off on IA: Trash container in the grass on the alley within easy reach was searchable

D.Me.: No PC shown for SW in 33 year old rape and murder case, but GFE still applies (because two judges approved of it)

Defendant was the target of a 2019 search warrant for trophies (jewelry and clothing) from and ligatures used in sexual assaults and murders committed in 1986-88. Defendant did four stints in prison in between. A search warrant was issued for … Continue reading

Posted in Uncategorized | Comments Off on D.Me.: No PC shown for SW in 33 year old rape and murder case, but GFE still applies (because two judges approved of it)

OH5: “Request” to “come here” was not a seizure

Based on prior cases, the court finds this encounter was a consensual encounter. “We find that the Trooper’s request that appellant ‘come here’ did not turn the encounter into a seizure.” State v. Nichols, 2020-Ohio-6960, 2020 Ohio App. LEXIS 4782 … Continue reading

Posted in Uncategorized | Comments Off on OH5: “Request” to “come here” was not a seizure

NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match

NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match by Kashmir Hill (“Nijeer Parks is the third person known to be arrested for a crime he did not commit based on a bad face recognition match.”)

Posted in Uncategorized | Comments Off on NYTimes: Another Arrest, and Jail Time, Due to a Bad Facial Recognition Match

OH3: When state appeals dismissal for pretrial delay, def can’t appeal denial of suppression motion

Denial of a motion to suppress is not immediately appealable in Ohio. Here, there was an appealable pretrial issue of a grant of dismissal for pretrial delay, and the court finds the suppression issue was still viable and could be … Continue reading

Posted in Uncategorized | Comments Off on OH3: When state appeals dismissal for pretrial delay, def can’t appeal denial of suppression motion

UT: PC can dissipate over time; just because they had it once doesn’t mean they always will

The trial court refused to bind over defendant for trial on arson charges. The state investigated (but not completely apparently) and never sought a search warrant for evidence at the scene while they found it suspicious. The fact there might … Continue reading

Posted in Uncategorized | Comments Off on UT: PC can dissipate over time; just because they had it once doesn’t mean they always will

Law.com: Fired COVID-19 Data Scientist Sues Over Police Raid: ‘I’m Worried … Where We’re Going’

Law.com: Fired COVID-19 Data Scientist Sues Over Police Raid: ‘I’m Worried … Where We’re Going’ by Rachel Lean (“An armed police raid of a fired COVID-19 data scientist’s home sparked a lawsuit Monday in Leon Circuit Court, which claims the … Continue reading

Posted in Uncategorized | Comments Off on Law.com: Fired COVID-19 Data Scientist Sues Over Police Raid: ‘I’m Worried … Where We’re Going’

Today is Bill of Rights Day

December 15, 1791 the Bill of Rights was ratified by the states, 229 years ago.

Posted in Uncategorized | Comments Off on Today is Bill of Rights Day

CBS19: CPD hires first Fourth Amendment Investigative Analyst

CBS19: CPD hires first Fourth Amendment Investigative Analyst:

Posted in Uncategorized | Comments Off on CBS19: CPD hires first Fourth Amendment Investigative Analyst

LATimes: TSA program kept surveilling some travelers without reason, audit finds

LATimes: TSA program kept surveilling some travelers without reason, audit finds by Hugo Martín (“A controversial U.S. program to monitor “high-risk” passengers at airports and on domestic flights has been poorly managed, with some fliers continuing to be monitored after … Continue reading

Posted in Uncategorized | Comments Off on LATimes: TSA program kept surveilling some travelers without reason, audit finds