Daily Archives: November 11, 2020

Filter: DEA Pursues Vast Expansion of Patient Surveillance

Filter: DEA Pursues Vast Expansion of Patient Surveillance by Sessi Kuwabara Blanchard (“The Drug Enforcement Administration (DEA) is looking to expand its anti-diversion surveillance infrastructure by being able to search and analyze myriad patient behaviors for the vast majority of … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on Filter: DEA Pursues Vast Expansion of Patient Surveillance

D.C.Cir.: IAC claim presented first in court of appeals decided without remand; claim fails on its face

Defendant raised his ineffective assistance claim first in the Court of Appeals. Usually, the court says it would remand for an evidentiary hearing. Here, however, his allegation is facially insufficient and the issue is decided without a remand. The challenge … Continue reading

Posted in Abandonment, Automobile exception, Ineffective assistance | Comments Off on D.C.Cir.: IAC claim presented first in court of appeals decided without remand; claim fails on its face

E.D.Pa.: Prior flight from an officer adds nothing to RS calculus

Prior flight from an officer adds nothing to the reasonable suspicion calculus, but the remainder here does. United States v. Foushee, 2020 U.S. Dist. LEXIS 209986 (E.D. Pa. Nov. 10, 2020):

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TX13: Legibility of issuing magistrate’s signature on SW is subject to GFE

The legibility of the signature of the issuing magistrate for a search warrant is an issue subject to the good faith exception. This court first held the illegibility was reason to suppress, but the Court of Criminal Appeals reversed. State … Continue reading

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NJ: Occupants of car leaving area of a robbery not responding to light in the eyes as it passed by is not RS

The officer on his way to a robbery call used the spotlight on his patrol car to illuminate the interior of cars passing by him in the other lane. When the occupants of defendant’s car didn’t respond the same as … Continue reading

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OH12: Drug dog’s alert to residual odor of drugs is not a lack of PC

A drug dog’s alert to the residual odor of drugs isn’t a lack of probable cause. “Accordingly, the fact that Mox [the drug dog] could have alerted to a residual odor of drugs does not mean that there was not … Continue reading

Posted in Cell site location information, Dog sniff, Probable cause | Comments Off on OH12: Drug dog’s alert to residual odor of drugs is not a lack of PC