Daily Archives: June 25, 2020

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

Posted in Consent, Reasonable suspicion | Comments Off on GA: Consent at beginning of stop didn’t mean a second search after the stop should have ended