Monthly Archives: June 2020

CA5: Expert opinion on reasonableness in 1983 case improper

“We first find that the district court did not abuse its discretion in excluding portions of testimony from two of Albert’s expert witnesses—Richard Lichten, a police-procedure expert, and Dr. Kris Sperry, the former Chief Medical Examiner for the State of … Continue reading

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HI: Knock-and-announce for 25 seconds at 6:15 am before forced entry unreasonable

Under the state constitution, police knocks on the door for 25 seconds in the early morning before forcibly entering after even hearing the homeowner call out was not a reasonable amount of time to respond, and this warranted suppression of … Continue reading

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D.Minn.: Is changing cell phone settings before SW issued a search? SW moots that issue

The court does not have to decide whether changing the settings on defendant’s cell phone prior to obtaining a search warrant for it was a search. The later issuance of a search warrant for the phone moots that point because … Continue reading

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NPR: WBUR: Boston Bans Use Of Facial Recognition Technology.

NPR: WBUR: Boston Bans Use Of Facial Recognition Technology. It’s The 2nd-Largest City To Do So (“Boston has banned the use of facial surveillance technology in the city, becoming the second-largest community in the world to do so.”)

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OH10: When def subjected to two SWs, only arguing first waives second

Where defendant was subjected to two search warrants and he only argued the first to the trial court, the second was waived for appeal. State v. Wilkins, 2020-Ohio-3428, 2020 Ohio App. LEXIS 2359 (10th Dist. June 23, 2020). “A finding … Continue reading

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CA8: Def didn’t show standing in rental car with blank rental agreement

Defendant’s possession of a blank rental agreement fell short of showing his standing to challenge the search of the car he was driving. Defendant has to go forward on standing somehow, and Byrd doesn’t say how. United States v. White, … Continue reading

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NY2: Arrest for burglary justifies SI of backpack

Defendant’s arrest for burglary, a violent crime, and his uncooperativeness justified a search incident of his backpack for possible weapons. People v. Mabry, 2020 NY Slip Op 03540, 2020 N.Y. App. Div. LEXIS 3583 (2d Dept. June 24, 2020). There … Continue reading

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CA11 (en banc): Abandonment is a 4A standing issue, not an Art. III standing issue

“Sometimes courts make simple mistakes. And simple mistakes call for simple fixes. Just so here. In United States v. Sparks, we held that a suspect who ‘abandons’ his privacy or possessory interest in the object of a search or seizure … Continue reading

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GA: Consent at beginning of stop didn’t mean a second search after the stop should have ended

Defendant consented to a search of his car early on into the traffic stop. After the purpose of the stop was completed, a second search of the car wasn’t covered by the initial consent. State v. Drake, 2020 Ga. App. … Continue reading

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WaPo: I was wrongfully arrested because of facial recognition. Why are police allowed to use it?

WaPo: I was wrongfully arrested because of facial recognition. Why are police allowed to use it? by Robert Williams:

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OH9: Def’s observed association with wanted fugitive permitted his seizure at time of fugitive’s arrest, too.

Defendant was in a car wash and the USM fugitive task force was tailing a person in another car at the car wash. That person came over to defendant’s car and spoke to him. When the person being surveilled started … Continue reading

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Lawfare: Hold Police Accountable by Changing Public Tort Law, Not Just Qualified Immunity

Lawfare: Hold Police Accountable by Changing Public Tort Law, Not Just Qualified Immunity by Paul Stern:

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NPR: Tech Companies Are Limiting Police Use of Facial Recognition. Here’s Why

NPR: Tech Companies Are Limiting Police Use of Facial Recognition. Here’s Why (“Earlier this month, IBM said it was getting out of the facial recognition business. Then Amazon and Microsoft announced prohibitions on law enforcement using their facial recognition tech. … Continue reading

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CA10: Flight from a stop permitted officer to chase def onto his property without a SW

“Officer Estrada’s reasonable suspicion ripened into probable cause when Shelton attempted to flee, thus giving rise to the exigent circumstances necessary for Officer Estrada to pursue Shelton onto the property without a warrant.” United States v. Shelton, 2020 U.S. App. … Continue reading

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IN: Search of def’s car when he shows up at home while SW being executed there was reasonable even though SW didn’t mention car

“Do law-enforcement officers violate either constitution by searching a person’s vehicle when the person drives that vehicle up to his or her house while officers are there executing a search warrant for the house that does not address vehicles? Based … Continue reading

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IN: Def couldn’t be held in contempt for refusing to unlock cell phone pleading 5A

“When Katelin Seo was placed under arrest, law enforcement took her iPhone believing it contained incriminating evidence. A detective got a warrant to search the smartphone, but he couldn’t get into the locked device without Seo’s assistance. So the detective … Continue reading

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AZ: Ex parte order in 2013 for CSLI showed PC and was constitutionally sufficient and it would be served in NJ

An ex parte court order for CSLI five years before Carpenter, and probable cause was shown. It was the functional equivalent of a search warrant. It also could be served on T-Mobile in New Jersey. State v. Conner, 2020 Ariz. … Continue reading

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D.Colo.: Resisting a stop without RS is PC

Even if the stop was without reasonable suspicion, defendant’s resisting the officer was a separate crime that justifies with probable cause. United States v. Kazadi, 2020 U.S. Dist. LEXIS 109060 (D. Colo. June 22, 2020). Defendant’s stop on a country … Continue reading

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CA7: Failure to record supplemental testimony for issuance of SW in state court not 4A violation

An Illinois state judge issued a search warrant on a CI’s allegations of being in defendant’s home. The affidavit was essentially bare bones, but the judge took testimony about the CI and his or her basis of knowledge and maybe … Continue reading

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Nat’l L. Rev.: The Constitution Protects Faces in the Crowd

Nat’l L. Rev.: The Constitution Protects Faces in the Crowd by Theodore F. Claypoole (“Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful … Continue reading

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