Monthly Archives: May 2022

WaPo: Florida sheriff’s deputy uses Taser at gas station, setting man on fire

WaPo: Florida sheriff’s deputy uses Taser at gas station, setting man on fire by Lindsey Bever (“A Florida sheriff’s deputy is facing a criminal charge after using a Taser near gasoline, igniting a fire that severely burned a 26-year-old suspect … Continue reading

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NJ: Alleged third party consenter had no apparent authority

The third-party consent here was invalid because there was no reason to believe they had apparent authority. State v. Marcellus, 2022 N.J. Super. LEXIS 69 (May 18, 2022). The vehicle safety checkpoint was set up with a valid programmatic purpose, … Continue reading

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S.D.W.Va.: If you leave a cell phone in someone else’s car, you risk it getting searched

When one leaves his cell phone in a car, he or she assumes the risk that the phone will be found by the police and searched. United States v. Hagy, 2022 U.S. Dist. LEXIS 89437 (S.D.W.Va. May 18, 2022). “They … Continue reading

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D.Minn.: Tracking warrant issued without PC, but GFE still applied

There was no probable cause for the tracking warrant for defendant. But, it was not so lacking in probable cause that the good faith exception does not apply. United States v. Escudero, 2022 U.S. Dist. LEXIS 89120 (D.Minn. May 18, … Continue reading

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UT: IAC shown for not challenging dog alert

The initial dog alert here did not provide probable cause for search of defendant’s vehicle. Thus, defense counsel was ineffective for not pursuing a Fourth Amendment challenge. “In summary, based on the record before us, a motion to suppress the … Continue reading

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NJ: Visitor had standing in his own stuff, even if not the place

A visitor had standing to contest the search of his own stuff while he was there. (And the alleged consent of his mother was suspect.) State v. Marcellus, 2022 N.J. Super. LEXIS 67 (May 18, 2022). Defendant was stopped for … Continue reading

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WaPo: AI may be searching you for guns the next time you go out in public

WaPo: AI may be searching you for guns the next time you go out in public (“A Massachusetts company says it could help stop shootings like the Tops massacre in Buffalo. Its surveillance product is increasingly popular — and, critics … Continue reading

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N.D.Ill.: Alleged violation of police dept policy on consent didn’t affect 4A claim here

The defense claim the officer somehow violated department policy in obtaining consent doesn’t bear on the constitutional question at all. There was at least reasonable suspicion for his stop and the encounter. United States v. Lopez-Garcia, 2022 U.S. Dist. LEXIS … Continue reading

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N.D.Cal.: If bumping def on a bike was a seizure, it ended when he ran away

The officer bumped defendant on a bike. It was potentially a seizure, but “Under Hodari D. and Torres, the seizure thus ended when Daniels got up and began running down the driveway.” United States v. Daniels, 2022 U.S. Dist. LEXIS … Continue reading

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CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

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CA7: Despite govt’s not raising abandonment, the court finds it anyway

The government conceded no abandonment and sought other exceptions to the warrant requirement. The court of appeals finds abandonment anyway because the record is clear. In addition, an allegation of a Franks violation fails without alleging that probable cause does … Continue reading

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Plead the Fifth Podcast: “May I search your phone, with good faith?”

Plead the Fifth Podcast: “May I search your phone, with good faith?” (“Can a police officer search a criminal suspect’s cell phone in full, when the only charge in the warrant was drug possession, and the affidavit provided barebone justification? … Continue reading

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CA7: Detention after conviction is a due process question, not 4A question

Plaintiff’s detention after conviction is a due process issue (if at all) and not a Fourth Amendment issue. Jones v. York, 2022 U.S. App. LEXIS 13090 (7th Cir. May 16, 2022):

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CA3: Younger abstention applies to bar federal litigation of red-flag gun seizure case

Greco v. Bruck, 2022 U.S. App. LEXIS 13074 (3d Cir. May 13, 2022), prior opinion Greco v. Bruck, 2021 U.S. App. LEXIS 33660 (3d Cir. Nov. 12, 2021) (posted here) reaffirms that state court proceedings bar federal litigation in a … Continue reading

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CA5: SW affidavit at trial violated confrontation

The government violated the confrontation clause by putting into evidence a search warrant affidavit to seek to give context to the CS’s dealings with defendant. If that’s so important, then the government should call him. United States v. Hamann, 2022 … Continue reading

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OH1: Doing nothing unusual or criminal 5 minutes after ShotSpotter alert wasn’t RS

Officers found defendant putting his kids in his car about five minutes after a ShotSpotter alert where no one had complained of gunfire. His ultimate frisk lacked reasonable suspicion. State v. Henson, 2022-Ohio-1571, 2022 Ohio App. LEXIS 1482 (1st Dist. … Continue reading

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CA11: Health care fraud records SW permitted search of VCR tapes

After a year long investigation, officers obtained a search warrant for defendant’s medical clinic for health care fraud. They found videotapes in a cluttered backroom, and, based on the warrant, believed that they could contain evidence of the alleged fraud. … Continue reading

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EFF: Geofence Warrants and Reverse Keyword Warrants are So Invasive, Even Big Tech Wants to Ban Them

EFF: Geofence Warrants and Reverse Keyword Warrants are So Invasive, Even Big Tech Wants to Ban Them by Matthew Guariglia (“Geofence and reverse keyword warrants are some of the most dangerous, civil-liberties-infringing and reviled tools in law enforcement agencies’ digital … Continue reading

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Scientific American: Yes, Phones Can Reveal if Someone Gets an Abortion

Scientific American: Yes, Phones Can Reveal if Someone Gets an Abortion by Sophie Bushwick (“To protect personal information from companies that sell data, some individuals are relying on privacy guides instead of government regulation or industry transparency.”)

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Rawstory: Georgia deputies infuriate school officials with ‘humiliating’ roadside search of Black lacrosse team’s luggage (updated)

Rawstory: Georgia deputies infuriate school officials with ‘humiliating’ roadside search of Black lacrosse team’s luggage by Travis Gettys:

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