Daily Archives: January 18, 2022

N.D.W.Va.: QI for PC is a reasonable belief PC exists, not whether it actually exists

“In analyzing whether law enforcement officers have qualified immunity in a false arrest claim pursuant to § 1983, the issue is not whether probable cause actually exists but whether a reasonable officer in the officer’s position would have believed he … Continue reading

Posted in Curtilage, Issue preclusion, Qualified immunity | Comments Off on N.D.W.Va.: QI for PC is a reasonable belief PC exists, not whether it actually exists

M.D.Pa.: Stopping UPS truck for dog sniff of packages wasn’t unreasonable

Of two coconspirators in a package containing drugs, the named sender has standing but the coconspirator does not. Stopping the UPS truck for a dog sniff of the packages did not interfere with any reasonable expectation of privacy. Besides, there … Continue reading

Posted in Mail and packages, Plain view, feel, smell, Protective sweep, Reasonable suspicion | Comments Off on M.D.Pa.: Stopping UPS truck for dog sniff of packages wasn’t unreasonable

Yahoo Finance: Apple’s AirTags are being used to stalk people, here’s how to prevent that

Yahoo Finance: Apple’s AirTags are being used to stalk people, here’s how to prevent that by Daniel Howley:

Posted in Surveillance technology | Comments Off on Yahoo Finance: Apple’s AirTags are being used to stalk people, here’s how to prevent that

WaPo: Surveillance will follow us into ‘the metaverse,’ and our bodies could be its new data source

WaPo: Surveillance will follow us into ‘the metaverse,’ and our bodies could be its new data source by Tatum Hunter (“Virtual reality headsets learn more about you than traditional screens. That could be good news for creepy companies.”)

Posted in Surveillance technology | Comments Off on WaPo: Surveillance will follow us into ‘the metaverse,’ and our bodies could be its new data source

CA7: Exclusionary rule doesn’t apply in civil cases

Plaintiff was arrested for possession of brass knuckles. The state court suppressed, so the state’s attorney nolle prossed. He sued under 1983. There was probable cause to arrest, and the exclusionary rule [even if the state court was right, which … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule | Comments Off on CA7: Exclusionary rule doesn’t apply in civil cases

WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law

The officer obtaining the search warrant here was found to have mistakenly testified in federal court that he did not personally present this warrant to the magistrate. Admission of that mistake was credited here that he did present the affidavit. … Continue reading

Posted in Collective knowledge, Reasonable suspicion, Standards of review | Comments Off on WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law