Daily Archives: March 17, 2020

D.N.M.: Eight day delay in executing SW for ongoing drug trafficking operation wasn’t stale

Defendant’s prior admission in the proceedings that an omission from the affidavit for a state search warrant was just negligent served to now deny a Franks challenge. Waiting eight days to serve the warrant did not make it stale either … Continue reading

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D.Nev.: No motions through six continuances and past motions deadline all untimely

After six continuances in 18 months or so, the defendants’ motion to suppress and other motions filed on the eve of trial are denied as untimely. United States v. Phillips, 2020 U.S. Dist. LEXIS 42782 (D. Nev. Mar. 11, 2020). … Continue reading

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WY: 911 hang-up call from def’s girlfriend and def answered call back volunteering he’d never hit her, with other information, justified warrantless entry

Defendant’s girlfriend made a 911 hang-up call. When 911 called back, defendant answered the phone and volunteered he’d never hit her when she didn’t speak on the first call. Defendant was known to the police to have firearms and possible … Continue reading

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Cal.4d1: Leaving the engine running to one’s car outside house for 30 minutes isn’t exigent circumstances

A neighbor called the police because defendant left his vehicle outside with the engine running for 30 minutes. This did not indicate an emergency justifying a warrantless entry into his casita. There were drugs in plain view. People v. Smith, … Continue reading

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Reason: Maryland Man Killed in No-Knock SWAT Raid Was Shot While Asleep, Family Says

Reason: Maryland Man Killed in No-Knock SWAT Raid Was Shot While Asleep, Family Says by C.J. Ciaramella (“Montgomery County police say Duncan Lemp ‘confronted’ a SWAT team executing a search warrant on his family’s house. His family says he was … Continue reading

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Vice: COVID-19 Could Provide Cover for Domestic Surveillance Expansion

Vice: COVID-19 Could Provide Cover for Domestic Surveillance Expansion by Karl Bode (“The use of location data to help track and manage the pandemic should come with meaningful safeguards and expiration dates, privacy experts say.”)

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Vox: Reset Podcast: When your phone links you to a crime

Vox: Reset Podcast: When your phone links you to a crime  produced by Recode and Stitcher (“Every story is a tech story. We live in a world where algorithms drive our interests, scientists are re-engineering our food supply, and a … Continue reading

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CO: Opening door to confirm VIN of possible stolen car was reasonable when the dashboard VIN was covered

The officers had reasonable suspicion that the car was stolen. They exhausted all the possibilities without confirming one way or the other, and the VIN on the dashboard wasn’t visible. Opening the door to see the VIN on the door … Continue reading

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TX: CSLI for 23 days in 2012 without any possible showing of PC or exigency was unreasonable

CSLI for 23 days in 2012 without any possible showing of probable cause or exigency was unreasonable under the Texas Constitution as well as the Fourth Amendment. Remanded for harmless error analysis. Holder v. State, 2020 Tex. Crim. App. LEXIS … Continue reading

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W.D.Mo.: Govt couldn’t rely on Strieff where there was no RS to begin with

The government’s motion to reconsider is denied. It can’t justify the stop under Strieff because “[a]t the time the officer activated his lights and ordered Mullins to approach, he not only lacked reasonable suspicion to conduct a Terry stop, he … Continue reading

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TX4: School search was based on RS from info from known source

There was reasonable suspicion for a school search because the school authorities had information from a known source that provided it. In re J.A.M., 2020 Tex. App. LEXIS 2077 (Tex. App. – San Antonio Mar. 11, 2020). Defendant’s chokehold on … Continue reading

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