Daily Archives: October 19, 2019

D.Ariz.: Def had no REP against use of a zooming pole camera across from the front of his house

The DEA set up a pole camera across the street from defendant’s house to watch the comings and goings expecting a car to go to New Mexico with drugs. There is no reasonable expectation of privacy in what the camera … Continue reading

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LA4: Nervousness and furtiveness of person clutching bag on Bourbon St during Halloween crowd justified stop to check for weapons

It was Halloween on Bourbon Street, which is the largest crowd in New Orleans other than Mardi Gras. Defendant was stopped for his suspicious behavior on seeing EMS personnel, and he quickened his pace and tucked his bag under his … Continue reading

Posted in Probation / Parole search, Stop and frisk | Comments Off on LA4: Nervousness and furtiveness of person clutching bag on Bourbon St during Halloween crowd justified stop to check for weapons

OR: A question to a fidgety driver about weapons in the car didn’t unreasonably prolong the stop

Defendant was pulled over after passing a parked police car three times, and the officer seeing the tags were expired on the third pass. When defendant was pulled over, he was unusually fidgety. A question about weapons in the car … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on OR: A question to a fidgety driver about weapons in the car didn’t unreasonably prolong the stop

CA5: Franks doesn’t neatly apply to § 1983 because the question there is just probable cause

Plaintiff was arrested for capital murder based on an affidavit for arrest that omitted serious doubts about the eyewitness’s identification. Later, the charge was dropped, and plaintiff sued the affiant for a “civil Franks violation.” Franks doesn’t neatly apply in … Continue reading

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OR: Order to produce passcode to an iPhone seeks testimonial evidence

Defendant was held in contempt for not providing the passcode to access his cell phone. The court of appeals affirms. Entering a passcode into a smartphone is testimonial in nature. The Fifth Amendment’s foregone conclusion doctrine as to knowledge of … Continue reading

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