Category Archives: Uncategorized

D.C.Cir.: Def’s stop was consensual and his admission he had “some weed” was PC for search incident

“Lea’s initial interaction with Officers Woods and Wooley bears all the hallmarks of a consensual encounter: the officers did not touch Lea or brandish their weapons, which were concealed; Lea’s movement was not restricted; the officers wore plain clothes; the … Continue reading

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CA6: Lies told during probation search help form RS

Defendant denied he lived in the house where the police conducted a probation search. His standing was challenged, but the merits were decided. They suspected him of being involved in drug dealing and went to talk to him and his … Continue reading

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LawPracticeCLE: Evidence Seized with the Use of Canine Searches: A Guide for Attorneys

LawPracticeCLE: Evidence Seized with the Use of Canine Searches: A Guide for Attorneys (Oct. 27, 2020)

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Oregon Fed.Def.: Developments in Federal Search and Seizure Law (Oct. 2020 update)

fd.org: Developments in Federal Search and Seizure Law (Oct. 2020 update) This shows defense wins, so those from the prosecution side need to be aware. (I’ll look for a usable link that doesn’t require regular updating here.)

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Prosecutors drop charges against Robert Kraft

CBS2 News (Palm Beach): Prosecutors drop charges against Robert Kraft by Gary Detman WaPo: Charges against Patriots’ Robert Kraft dropped in Florida after ruling on video evidence by Matt Bonesteel

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D.N.M.: Def drew a diagram of shooting scene in his statement, and that provided nexus for SW for forensic evidence

Defendant’s shooting scene diagram during his statement created nexus for the search warrant to find forensic evidence of a homicide. United States v. Smith, 2020 U.S. Dist. LEXIS 174615 (D.N.M. Sept. 23, 2020):

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McDonald v. U.S. (1948) (Justice Jackson, concurring)

McDonald v. United States, 335 U.S. 451, 460-61 (1948) (Justice Jackson, concurring): I am the less reluctant to reach this conclusion because the method of enforcing the law exemplified by this search is one which not only violates legal rights … Continue reading

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LATimes: Despite past denials, LAPD has used facial recognition software 30,000 times in last decade, records show

LATimes: Despite past denials, LAPD has used facial recognition software 30,000 times in last decade, records show by Kevin Rector & Richard Winton (“The Los Angeles Police Department has used facial recognition software nearly 30,000 times since 2009, with hundreds … Continue reading

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E.D.N.C.: Removing protective sweep from affidavit for SW still leaves PC

While protective sweep was unreasonable, excising it from the affidavit for search warrant, still leaves probable cause. United States v. Lee, 2020 U.S. Dist. LEXIS 171270 (E.D. N.C. Sept. 18, 2020). “In sum, counsel reasonably could have concluded that movant … Continue reading

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PA: Warrantless entry for mental health check unjustified for lack of danger

The warrantless police entry into defendant’s home for a mental health check wasn’t justified by the facts because of a lack of danger. The plain view is suppressed for lack of a proper view. Commonwealth v. Schneider, 2020 Pa. Super. … Continue reading

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CNET: Warrant canary: What you need to know about this online privacy warning sign

CNET: Warrant canary: What you need to know about this online privacy warning sign by Rae Hodge (“Some companies still use warrant canaries to warn customers of threats to their privacy by US government subpoenas. But the legal waters remain … Continue reading

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S.D.Iowa: Stop for “walking while black” without RS

Defendant’s stop by police on a mere hunch by police on a call from a prosecutor who was just shopping was without reasonable suspicion. United States v. Kelly, 2020 U.S. Dist. LEXIS 153543 (S.D. Iowa Aug. 20, 2020):

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50 years today

5:30-5:45 pm, August 24, 1970, I registered for law school. The bar results were August 25, 1973, and, August 31st, my law license turns 47.

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NE adopts an objective test on the totality of circumstances for abandonment from CA8 cases

Nebraska adopts an objective test on the totality of circumstances of abandonment from Eighth Circuit cases. State v. Dixon, 306 Neb. 853 (Aug. 21, 2020):

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CA11: Def’s failure to claim cell phone once it was released was abandonment

Police released defendant’s cell phone two days after its seizure, but defendant never sought to recover it. This was considered an abandonment. Standing to challenge CSLI could be an issue because the phones weren’t claimed, but, without deciding that, the … Continue reading

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TX14: There has to be a fact dispute to get an art. 38.23(a) jury instruction on legality of search

“‘To raise a disputed fact issue warranting an article 38.23(a) jury instruction, there must be some affirmative evidence that puts the existence of that fact into question.’ Madden, 242 S.W.3d at 513. In other words, a cross examiner cannot create … Continue reading

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W.D.N.Y.: USMJ’s credibility determination is entitled to deference

While review of the R&R is de novo, the USMJ’s credibility determination on a motion to suppress is still entitled to deference. United States v. Angulo-Gomez, 2020 U.S. Dist. LEXIS 137199 (W.D. N.Y. Aug. 3, 2020). The government argued that … Continue reading

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D.Nev.: Denial of medical care after arrest can be a 4A violation, but this doesn’t measure up

“To the extent Plaintiff is asserting a denial of medical care after his arrest, but before he arrived at the detention facility, district courts within the Ninth Circuit have held that law enforcement officers are required to provide objectively reasonable … Continue reading

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Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts

Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts by Julia Weng & Daniel R. Stoller:

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E.D.Va.: Amazon gets TRO and PI in civil RICO case based on same allegations for SW a contractor was seeking kickbacks

The FBI conducted a raid of an Amazon contractor in Northern Virginia for kickbacks. Amazon sought a TRO and preliminary injunction against the defendants seeking to prevent spoliation of evidence after the target told alleged confederates of the raid by … Continue reading

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