Daily Archives: February 27, 2021

WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations

WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations by Drew Harwell (“Government agencies increasingly are accessing private information they are not authorized to compile on their own.”)

Posted in Digital privacy, Third Party Doctrine | Comments Off on WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations

CA1: SWs are directed at places, too, and def didn’t need to be connected in the affidavit

Defendant made a Franks challenge. Removing the allegedly offending material still left probable cause. Defendant’s argument then was that the remainder still didn’t point to him, but that’s not the law: Search warrants are directed at places, too, not just … Continue reading

Posted in Franks doctrine, Nexus, Probable cause, Warrant requirement | Comments Off on CA1: SWs are directed at places, too, and def didn’t need to be connected in the affidavit

CA10: Nexus shown to AZ residence where additional records were found

A search of a pain management doctor’s Arizona residence was based on nexus to his Wyoming medical practice. The government showed that patient records were in both places. United States v. Khan, 2021 U.S. App. LEXIS 5611 (10th Cir. Feb. … Continue reading

Posted in Abandonment, Ineffective assistance, Nexus | Comments Off on CA10: Nexus shown to AZ residence where additional records were found

CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need

Defendant was arrested, and his vehicle, lawfully parked in a residential neighborhood, was unreasonably impounded and towed. There was no community caretaking function need. People v. Thomas, 2021 COA 23, 2021 Colo. App. LEXIS 268 (Feb. 25, 2021). Syllabus by … Continue reading

Posted in Community caretaking function, Inventory | Comments Off on CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need

DC: Putting one’s hand over officer’s to stop a patdown is withdrawal of consent

“The trial court erred as a matter of law in ruling that Mr. Ford’s actions did not revoke consent. An objectively reasonable officer would have understood Mr. Ford’s act of placing his hand on the outside of his pocket exactly … Continue reading

Posted in Arrest or entry on arrest, Consent, Reasonable suspicion | Comments Off on DC: Putting one’s hand over officer’s to stop a patdown is withdrawal of consent

CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

Presenting defendant with a search warrant for DNA swabs during an interrogation after he lawyered up was a statement of fact and not an attempt to get him to talk again. Thus, Miranda not violated. United States v. Zephier, 2021 … Continue reading

Posted in Custody, DNA, Excessive force, Qualified immunity, Warrant execution | Comments Off on CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

M.D.Fla.: Police dog attack on wrong person not promptly called off was excessive

The officer had reasonable suspicion to frisk three men before they fled him. Releasing a police dog was not unreasonable. The dog’s attack of a 40ish woman, however, was not seen to be reasonable, and the dog was not promptly … Continue reading

Posted in Digital privacy, Excessive force, Surveillance technology | Comments Off on M.D.Fla.: Police dog attack on wrong person not promptly called off was excessive