Daily Archives: January 5, 2023

techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections

techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections by Tim Cushing (“There’s only so much domestic surveillance the government can engage in before it starts running into problems. The Supreme Court’s Carpenter decision strongly suggested gathering … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on techdirt: Government Continues To Rely On Private Contractors To Bypass Privacy Protections

D.Mass.: No REP in video surveillance in an apartment building hallway that covered def’s door

“Defendants may have held a subjective expectation that activity in and around the doorway of the apartment would remain private but such an expectation was not objectively reasonable because their activity took place in a common area exposed to the … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion, Video surveillance | Comments Off on D.Mass.: No REP in video surveillance in an apartment building hallway that covered def’s door

GA: Generalizations and experience do not support no-knock warrant

The no-knock provision in this search warrant was not based on a showing of necessity based on this case. It was based on experience and generalities. [In addition, defendant was supposedly standing in the front yard, so what about the … Continue reading

Posted in Emergency / exigency, Probable cause, Reasonableness | Comments Off on GA: Generalizations and experience do not support no-knock warrant

FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

When the collective knowledge rule applies to information from an anonymous or confidential source, the officer using the information has to have actual knowledge of the factors supporting its reliability. Zarcadoolas v. Tony, 2023 Fla. App. LEXIS 26 n.3 (Fla. … Continue reading

Posted in Collective knowledge, Consent, Good faith exception, Ineffective assistance | Comments Off on FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

FL4: Suppression of arrest exceeded the relief def sought and is reversed

Defendant’s motion to suppress did not put the state on notice that he was seeking to suppress the result of his arrest. The trial court erred in granting that relief. State v. Bender, 2023 Fla. App. LEXIS 27 (Fla. 4th … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading | Comments Off on FL4: Suppression of arrest exceeded the relief def sought and is reversed

Did a Tesla rat out its owner?

LATimes: Driver of Tesla that plunged off Northern California cliff arrested; CHP calls crash intentional After examining evidence, investigators “developed probable cause to believe this incident was an intentional act,” and placed Patel under arrest, according to the CHP. Authorities … Continue reading

Posted in Uncategorized | Comments Off on Did a Tesla rat out its owner?

techdirt: Successful Evidence Suppression Motion Shows Cops Think Pretty Much Everything Is ‘Suspicious’

techdirt: Successful Evidence Suppression Motion Shows Cops Think Pretty Much Everything Is ‘Suspicious’ by Tim Cushing, about reasonable suspicion in traffic stops. Everything and anything is reasonable suspicion, so if everything is, everyone can be stopped and detained.

Posted in Motion to suppress, Reasonable suspicion | Comments Off on techdirt: Successful Evidence Suppression Motion Shows Cops Think Pretty Much Everything Is ‘Suspicious’