Daily Archives: October 8, 2020

CA4: Potentially glaring Franks claim proved immaterial

Defendant’s Franks claim was based on the fact that one Blount lived at the place to be searched, and Blount was associated with 7 addresses. Blount, however, had been in prison and couldn’t have lived there for a while. Nevertheless, … Continue reading

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S.D.Miss.: Def was seized when his car was blocked by a police car and officer approached; there was no RS

Defendant’s car was practically blocked in a parking lot by a police car, and the officer got out and approached him. A reasonable person would not feel free to leave, and he was seized without reasonable suspicion. United States v. … Continue reading

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CA4: Seizure of firearm was inevitable; def would have been arrested for DUI and searched incident to arrest anyway

“[W]e conclude that the district court did not err in crediting the arresting officer’s testimony and finding that the arresting officer had probable cause to arrest Herman for driving under the influence. We further conclude that the district court did … Continue reading

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CA5: Dist.Ct. erred in dismissing civil claim ptf never saw 32 pg attachment to SW

One of plaintiff’s Fourth Amendment claims was that the 32 page attachment limiting the scope of the search warrant was not attached, and he still hadn’t seen it. The district court erred in dismissing the claim without the plaintiff seeing … Continue reading

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CNET: Google is giving data to police based on search keywords, court docs show

CNET: Google is giving data to police based on search keywords, court docs show by Alfred Ng (“Court records in an arson case show that Google gave away data on people who searched for a specific address.”)

Posted in Digital privacy, Informational privacy, Surveillance technology | Comments Off on CNET: Google is giving data to police based on search keywords, court docs show

CA6: Def consented to expanding breadth of SW because it was in his interest

Police had a search warrant for defendant’s property with marijuana grow operation, but the warrant didn’t cover outbuildings [usually they don’t even have to to cover them]. Here, defendant consented to the breadth of the search, and it was voluntary … Continue reading

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Oregon Fed.Def.: Developments in Federal Search and Seizure Law (Oct. 2020 update)

fd.org: Developments in Federal Search and Seizure Law (Oct. 2020 update) This shows defense wins, so those from the prosecution side need to be aware. (I’ll look for a usable link that doesn’t require regular updating here.)

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D.S.C.: Renter of hotel room had authority to consent to search of room but not her partner’s safe he brought to room

The renter of a hotel room has apparent authority to consent to its search. She did not, however, have either actual or apparent authority to consent to his safe in the room. United States v. Jaqu, 2020 U.S. Dist. LEXIS … Continue reading

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