Daily Archives: October 13, 2020

The Intercept: Stop-and-frisk Never Really Ended. Now It’s Gone Digital.

The Intercept: Stop-and-frisk Never Really Ended. Now It’s Gone Digital. by Alice Speri (“A federal class-action lawsuit accuses New York police of unconstitutionally detaining people in order to run their IDs.”) If the stop has to be based on reasonable … Continue reading

Posted in Digital privacy, Stop and frisk | Comments Off on The Intercept: Stop-and-frisk Never Really Ended. Now It’s Gone Digital.

AF: Franks violation led to exclusion

Defendant showed a Franks violation for a reckless statement for a search authorization of his room for marijuana. Balancing the interests, the exclusionary rule would be applied. United States v. Hernandez, 2020 CCA LEXIS 362 (A.F. Ct. Crim. App. Oct. … Continue reading

Posted in Exclusionary rule, Franks doctrine | Comments Off on AF: Franks violation led to exclusion

FL4: SW of def’s cell phone authenticated text messages

After a search warrant produced defendant’s text messages, the state was able to authenticate them by the phone. State v. Torres, 2020 Fla. App. LEXIS 14356 (Fla. 4th DCA Oct. 7, 2020). “In addition, ‘[d]uring a valid traffic stop, officers … Continue reading

Posted in Admissibility of evidence, Cell phones, Plain view, feel, smell | Comments Off on FL4: SW of def’s cell phone authenticated text messages