Monthly Archives: December 2019

CA2: Def showed no reason to be able to obtain identify of CI who led to SW

Defendant’s motion to disclose the CI in the affidavit for search warrant was properly denied because the CI provided nothing to the case on guilt or innocence. United States v. Swinton, 2019 U.S. App. LEXIS 38141 (2d Cir. Dec. 23, … Continue reading

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S.D.Tex.: Anonymous 911 call brought police to local store; seizures and patdowns were without RS

An anonymous 911 call about suspicious men in a small town store brought police. Because the town was small, it was easy to identify strangers, and the officers encountered them inside the store and brought them out. Ultimately there was … Continue reading

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OH10: 911 call from ID’d person two men waving guns in a library is RS

911 call from an identified person that two men were waving guns in a library was reasonable suspicion. State v. Davidson, 2019-Ohio-5320, 2019 Ohio App. LEXIS 5399 (10th Dist. Dec. 24, 2019).* Defendant fails in his ineffectiveness claim. “Even assuming … Continue reading

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S.D.N.Y.: Alleged violation of Florida law by def’s arrest there where local officer assisted federal officers wasn’t a 4A violation

An alleged violation of Florida law in defendant’s arrest there with the participation of local law enforcement isn’t shown to be a Fourth Amendment violation. “And Teman has not cited any authority so holding or, for that matter, treating such … Continue reading

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CA9: DC erred in defining 4A at too “high [a] level of generality”; school officials get QI

Plaintiff was restrained in school for behavioral problems. The case law is not clear as to whether this was a Fourth Amendment violation or not because some restraint in school is reasonable. The district court found a Fourth Amendment violation … Continue reading

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CA9: Not clearly established that shooting a bloody man waving a sharp stick at adults and children at a soccer field was clearly established

Plaintiff was bloody and wielding a sharp stick at adults and children at a soccer field. He disobeyed police commands. He was finally shot when he was kneeling and far enough away from others that he was a lesser threat. … Continue reading

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MI remands for an evidentiary hearing on actual or apparent authority

The court of appeals is reversed and the case remanded to the trial court for a hearing on actual and apparent authority and the reasonableness of the officer’s belief there was any authority at all, actual or apparent. People v. … Continue reading

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SD: That same traffic stop issue was rejected before this one denies state reasonable mistake of law argument

The court previously held that two of three brake lights emitting only red light and one with a hole in it also emitting white light wasn’t a traffic offense. Therefore, the state couldn’t use a claim of objectively reasonable mistake … Continue reading

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E.D.Tenn.: Dog sniff of car left parked on street was reasonable

The police used a dog to sniff around a car parked on the street that they believed belonged to defendant but defendant disavowed. No search warrant was needed. United States v. Davis, 2019 U.S. Dist. LEXIS 219490 (E.D. Tenn. Dec. … Continue reading

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NY4: Anonymous call confirmed by observation was RS

“[T]he police had reasonable suspicion justifying the forcible detention of defendant ‘based on the contents of a 911 call from an anonymous individual and the confirmatory observations of the police’ …. [¶] Furthermore, even assuming, arguendo, that defendant established that … Continue reading

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FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the 5A

FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the Fifth Amendment. Pollard v. State, 2019 Fla. App. LEXIS 18978 (Fla. 3d DCA Dec. 23, 2019): What is the proper legal inquiry when … Continue reading

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CA8: Def was subjected to two patdowns, and both were reasonable and with separate RS

The arresting officer had probable cause to stop the vehicle in which defendant was riding based on the officer’s credible testimony that he believed the vehicle was speeding and that he had observed two possible traffic violations with the vehicle’s … Continue reading

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NYTimes: The F.A.A. Wants to Start Tracking Drones’ Locations

NYTimes: The F.A.A. Wants to Start Tracking Drones’ Locations by Heather Murphy (“A proposal would require most drones flying in American airspace to include technology that would allow the government to keep tabs on them.”)

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CO: When a person with apparent authority consents, an objection from another comes too late

Once one with apparent authority consents and the search starts, the other person’s finally objecting to the search comes too late. Williams v. People, 2019 CO 108, 2019 Colo. LEXIS 1280 (Dec. 23, 2019). Syllabus by the court:

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GA: Officers had PC a knife used in a murder was in a well; the SW said “curtilage” and didn’t have to say “well” to be valid

Officers obtained a search warrant involving a 34½ year old murder. After charges were filed the state sought a second search warrant to search a well for evidence. There was a substantial basis for searching the well based on the … Continue reading

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D.Me.: DEA affidavit for SW for dealing MJ doesn’t need to exclude state MMJ purposes

The affidavit for search warrant said that multiple informants saw drugs being kept and dealt from defendant’s house and that there was a big safe in there. That’s probable cause. Omission of the possibility defendant was engaged in possession of … Continue reading

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D.N.M.: Lack of audible response on bodycam of request for consent leads court to conclude govt failed in its burden of proof

In another case involving a DEA’s interaction with a bus passenger in Albuquerque, the officer was friendly enough, but the parting colloquy was “Thank you. Thank you very much, sir. Sir, would you give me permission just to pat you … Continue reading

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S.D.Tex.: Even though def’s Mexican LPN couldn’t be checked except for whether it was in a crime, the officer was still able to inquire

“The record shows that Sgt. Thumman determined almost immediately after the stop that Defendant’s [Mexican] registration was expired, which is an arrestable offense in Texas. Despite the 10-6 [don’t report back unless vehicle used in a crime], he was free … Continue reading

Posted in Reasonable suspicion | Comments Off on S.D.Tex.: Even though def’s Mexican LPN couldn’t be checked except for whether it was in a crime, the officer was still able to inquire

IA: Def already stopped in a one-lane alley had officer stop in front of her; not a seizure

“A police officer saw a vehicle driving suspiciously for several minutes in a residential neighborhood at night at a snail’s pace of ten miles per hour. After the vehicle entered a one-lane alley that ran between two streets and then … Continue reading

Posted in Seizure | Comments Off on IA: Def already stopped in a one-lane alley had officer stop in front of her; not a seizure

N.D.Cal.: Google location history case is dismissed without prejudice

The Google location history case is dismissed without prejudice with leave to amend. Plaintiffs don’t show it is an invasion of privacy just because Google tracked only when using Google services. Carpenter and Jones are rejected as binding authority. In … Continue reading

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