Daily Archives: December 27, 2019

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

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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

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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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