Daily Archives: November 22, 2019

WaPo: Police hid a tracking device on a suspect’s car — then charged him with theft for removing it

WaPo: Police hid a tracking device on a suspect’s car — then charged him with theft for removing it by Brittany Shammas (“For about a week in summer 2018, Indiana authorities monitored a suspected drug dealer’s movements using a GPS … Continue reading

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E.D.Tenn.: Consent shown on the totality that def didn’t have to cooperate

“The totality of the circumstances here indicate consent, not mere acquiescence by Defendant. Regarding Defendant’s relevant characteristics, he is an adult, and there is no reason to think this was his first encounter with law enforcement, given that he is … Continue reading

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D.N.M.: Def’s car’s impoundment wasn’t justified by community caretaking function or need for inventory

The impoundment of defendant’s car wasn’t justified by either the community caretaking function or need for inventory. Whether the vehicle was even involved in a crime was inconclusive at best. United States v. Trujillo, 2019 U.S. Dist. LEXIS 201024 (D. … Continue reading

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MO: Exigency was shown at the motion to suppress, and more was shown at trial

The trial court denied the motion to suppress because the entry was by exigent circumstances. The trial testimony confirms it. State v. Bolden, 2019 Mo. App. LEXIS 1823 (Nov. 19, 2019).* The traffic stop was justified under state law, and, … Continue reading

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PA: State’s seeking the passcode to unencrypt a computer hard drive violates the 5A

The state’s seeking the passcode to unencrypt a computer hard drive violates the Fifth Amendment. Commonwealth v. Davis, 2019 Pa. LEXIS 6463 (Nov. 20, 2019):

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CA11: Officer’s alleged lies to get arrest warrant denies QI

“With that in mind, we affirm the district court’s denial of qualified immunity. As indicated above, we accept for purposes of this appeal that Gill falsified information in the affidavits supporting his arrest warrants and therefore, he would not have … Continue reading

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N.D.Ind.: The encounter started as consensual because the officer approached from the side to a parked car; RS developed

The encounter with the officer was not a seizure. She was parked five spaces away from defendant’s car and off to the side. When talking to defendant she saw a meth pipe in plain view. “The parties do not dispute … Continue reading

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