Category Archives: Uncategorized

StarTribune: Ex-Minneapolis officer sentenced to three years in prison for stealing drugs during traffic stops

StarTribune: Ex-Minneapolis officer sentenced to three years in prison for stealing drugs during traffic stops by Randy Furst (“A former Minneapolis police officer who conducted questionable traffic stops in order to steal people’s drugs was sentenced Wednesday in U.S. District … Continue reading

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NYT: How a New York County Used the State’s ‘Red Flag’ Law to Seize 160 Guns

NYT: How a New York County Used the State’s ‘Red Flag’ Law to Seize 160 Guns by Andy Newman, Benjamin Weiser and Ashley Southall (“Suffolk County on Long Island aggressively uses the law to take guns from people in crisis … Continue reading

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CA6: A minimal showing of nexus is enough for GFE even where PC is lacking

The affidavit failed to show probable cause. There was a minimal showing of nexus. That’s enough here for the good faith exception. United States v. Helton, 2022 U.S. App. LEXIS 13943 (6th Cir. May 24, 2022):

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CA11: Health care fraud records SW permitted search of VCR tapes

After a year long investigation, officers obtained a search warrant for defendant’s medical clinic for health care fraud. They found videotapes in a cluttered backroom, and, based on the warrant, believed that they could contain evidence of the alleged fraud. … Continue reading

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Rawstory: Georgia deputies infuriate school officials with ‘humiliating’ roadside search of Black lacrosse team’s luggage (updated)

Rawstory: Georgia deputies infuriate school officials with ‘humiliating’ roadside search of Black lacrosse team’s luggage by Travis Gettys:

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Reason: Faulty Police Field Tests Said This Trucker Was Carrying 700 Gallons of Meth. It Was Diesel.

Reason: Faulty Police Field Tests Said This Trucker Was Carrying 700 Gallons of Meth. It Was Diesel. by Ed Ciaramella (“Juan Guzman spent nearly six weeks in jail based on unreliable field tests that have resulted in hundreds of other … Continue reading

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Another crime leads to more surveillance

The Hill: Former federal prosecutor says Jan. 6 led to FBI increasing surveillance of American public by Brad Dress (“Journalist and former federal prosecutor Ankush Khardori on Wednesday contended that the events of January 6 have led to the increased … Continue reading

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Since Sen. Cotton is one of my senators …

and I’ve been a criminal defender since November 1979 (after my stint at the local prosecutor’s office from mid-1973): WaPo: Cruz and Cotton cut to the chase on GOP’s suspicion of defense lawyers by Aaron Blake (“With their criticisms of … Continue reading

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Free defense CLE on technology warrants

NACDL: 2022 NACDL and the Samuelson Clinic’s Seminar: Unlocking the Black Box, free CLE on technology warrants in Chicago May 16-17.

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NY3: Electronic logging device requirement on large trucks reasonable under 4A

A federal interstate truck requirement of an electronic logging device on the truck, incorporated under New York statute, for GPS, speed, and an event recorder is reasonable as an administrative search under the Fourth Amendment. It tracks the truck, not … Continue reading

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MI SC review granted in drone pictures case

The Michigan Supreme Court has apparently granted review in the March 2021 drone pictures decision in Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) posted here. Long Lake Twp. v. Maxon, 2022 Mich. LEXIS 503 … Continue reading

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Buzzfeed News: ICE Conducted Sweeping Surveillance Of Money Transfers Sent To And From The US, A Senator Says

Buzzfeed News: ICE Conducted Sweeping Surveillance Of Money Transfers Sent To And From The US, A Senator Says (“Immigration and Customs Enforcement agents obtained millions of people’s financial records as part of a surveillance program that fed the information to … Continue reading

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Fourthamendment.com 19 years old today

It is also the 262d anniversary of the argument in Paxton’s case, something I note every year. Visiting the Old Boston State House and seeing the exhibit of the court argument will make an impression.

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MA: ShotSpotter alert and officer’s observations were RS on totality

ShotSpotter alert received by a nearby officer in the early morning hours with his observations on the scene in a minute or so on the totality was reasonable suspicion. Commonwealth v. Ford, 2022 Mass. App. LEXIS 14 (Feb. 18, 2022):

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CA11 (en banc): GFE considered even though waived before the panel

The Eleventh Circuit en banc concludes that the good faith exception may sometimes be reached on appeal even though the government didn’t raise it before the panel. United States v. Campbell, 2022 U.S. App. LEXIS 4317 (11th Cir. Feb. 16, … Continue reading

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Kerr: Katz as Originalism

Orin S. Kerr, Katz as Originalism, 71 Duke L. J. 1047 (2022). Abstract:

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Law360: Baltimore PD Reach Deal To End Aerial Surveillance Challenge

Law360: Baltimore PD Reach Deal To End Aerial Surveillance Challenge by Allison Grande

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EFF: Police Aerial Surveillance Endangers Our Ability to Protest

EFF: Police Aerial Surveillance Endangers Our Ability to Protest by Matthew Guariglia (“The ACLU of Northern California has concluded a year-long Freedom of Information campaign by uncovering massive spying on Black Lives Matter protests from the air. The California Highway … Continue reading

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N.D.Okla.: Interesting, but not about application of Fourth Amendment law

Unum Life Insurance sought declaratory judgment that it wanted to know who to pay life insurance to under Oklahoma’s “slayer rule” that a killer can’t take life insurance or under an estate. Here, the alleged killer was not mentally fit, … Continue reading

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WaPo: For seniors using tech to age in place, surveillance can be the price of independence

WaPo: For seniors using tech to age in place, surveillance can be the price of independence by Heather Kelly (“To age in their own homes, seniors are juggling being watched with being on their own”):

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