Daily Archives: November 28, 2019

NY1: Def showed that multifamily use of premises was permitted, not that it was such at time of search

The warrant was sufficiently particular because the premises was apparently occupied by a single family. The city authorized it to be a multifamily dwelling, but there’s nothing at the suppression hearing that shows that it was used that way at … Continue reading

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D.S.D.: Def’s claim at arrest that he was confused about the age of the person he was meeting was a trial question, not a PC question

There was probable cause for defendant’s arrest for attempted sex trafficking a minor. He said during his post-arrest interview that he was confused by the internet ad that he was responding to, but that doesn’t undermine probable cause. United States … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off on D.S.D.: Def’s claim at arrest that he was confused about the age of the person he was meeting was a trial question, not a PC question

W.D.Wash.: No reasonable expectation of privacy in Bitcoin records

There is no reasonable expectation of privacy in Bitcoin records. Zietzke v. United States, 2019 U.S. Dist. LEXIS 204274 (W.D. Wash. Nov. 25, 2019):

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The Intercept: Amazon’s Ring Planned Neighborhood “Watch Lists” Built on Facial Recognition

The Intercept: Amazon’s Ring Planned Neighborhood “Watch Lists” Built on Facial Recognition by Sam Biddle (“Ring, Amazon’s crimefighting surveillance camera division, has crafted plans to use facial recognition software and its ever-expanding network of home security cameras to create AI-enabled … Continue reading

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CA5: Use of deadly force against an armed, dangerous, and unpredicable man was subject to QI

Officers were entitled to qualified immunity because plaintiff could not establish that they used excessive force in violation of the Fourth Amendment. The evidence indicated that the use of force was justified under the circumstances. Because the officers thought they … Continue reading

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D.D.C.: When serving SW in sex assault investigation where def was known to be a felon, a Glock speed loader in plain view permitted search for a gun

D.C. Metro police had a search warrant for evidence of a sexual assault. When they entered, they saw a Glock magazine speed loader. That caused them to search for a firearm because they knew defendant was a felon learning, that … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Standards of review | Comments Off on D.D.C.: When serving SW in sex assault investigation where def was known to be a felon, a Glock speed loader in plain view permitted search for a gun

OH11: Failure to provide an inventory after a search is ministerial and not a fundamental right

“Even presuming no inventory was completed or provided to Thompson, however, this did not result in prejudice or provide any grounds for relief. It has been held that ‘the preparation and return of an inventory is ministerial’ and ‘does not … Continue reading

Posted in Franks doctrine, Inventory, Probation / Parole search | Comments Off on OH11: Failure to provide an inventory after a search is ministerial and not a fundamental right