Daily Archives: December 8, 2020

LATimes: The untold story of how the Golden State Killer was found: A covert operation and private DNA

LATimes: The untold story of how the Golden State Killer was found: A covert operation and private DNA by Paige St. John:

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CA3: Presumption of QI where magistrate issues SW

There is a presumption qualified immunity applies where a magistrate has signed off on a search warrant. Handy v. Palmiero, 2020 U.S. App. LEXIS 37862 (3d Cir. Dec. 4, 2020):

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D.Mont.: PC for SW based on CIs was lacking, but not so bad GFE shouldn’t apply

The affidavit for search warrant actually was deficient in showing probable cause from the CIs and the concerned citizen, but it wasn’t so lacking in probable cause that the good faith exception should not apply. United States v. Stanley, 2020 … Continue reading

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OH2: Officer’s asking for consent to search before inventory doesn’t make it pretextual

“Although Officer Lindsey asked White if he (the officer) could search the vehicle prior to deciding to tow the vehicle, that question alone did not require a conclusion that the subsequent inventory search was pretextual. The Dayton Police Department tow … Continue reading

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W.D.Pa.: Entrapment defense for trial was speculative for possession and wouldn’t suppress SW

There was probable cause for the search warrant of defendant’s premises (a tattoo parlor) for silencers. The defense of entrapment is a trial defense, not a defense to the search warrant, especially when the charge is possession not delivery. Also, … Continue reading

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CA6: Looking at hash values on images of CP didn’t expand the private search

Officers looking at the hash information on child pornography images sent from NCMEC who got them from gmail wasn’t expansion of the private search under Jacobsen and Walter. United States v. Miller, 2020 U.S. App. LEXIS 37787 (6th Cir. Dec. … Continue reading

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NBC Los Angeles: LA Man Seized for ‘Latino Appearance’ Will Not be Deported

NBC Los Angeles: LA Man Seized for ‘Latino Appearance’ Will Not be Deported (“He was arrested and spent more than two months in a detention facility before getting a bond hearing, according to the ACLU.”)

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