Monthly Archives: September 2023

N.D.Okla.: Video doesn’t support officer’s claim of excessive nervousness

The court does not credit the officer’s claim that defendant was excessively nervous to the point of stuttering during the stop in the officer’s effort to show reasonable suspicion. It appears to the court from the video to be no … Continue reading

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NYT: The Man Who Trapped Us in Databases

NYT: The Man Who Trapped Us in Databases by McKenzie Funk Hank Asher was a drug smuggler with a head for numbers — until he figured out how to turn Americans’ private information into a big business.

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Just Security: Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)

Just Security: Resolving Carpenter’s Third-Party Paradox (Part II – The Solution) by Michael Dreeben, Elizabeth N. Hadley, Conor S. O’Shea and Johanna Seale:

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techdirt: CBP Tells Senator Ron Wyden It Will Stop Buying Location Data From Third Parties

techdirt: CBP Tells Senator Ron Wyden It Will Stop Buying Location Data From Third Parties by Tim Cushing:

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CA8: Seizure of cell phone off person by SW wasn’t outrageous conduct warranting return

Seizure of plaintiff’s cell phone by search warrant off his person in a Hardee’s drive thru wasn’t outrageous governmental conduct justifying return of the phone under Rule 41(g). Also, the equitable claim that the phone is necessary for business purposes … Continue reading

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PA MMA doesn’t permit driving while smoking MMJ

The MMA doesn’t permit driving while smoking MMJ. The smell of burnt MJ coming from defendant’s car was reasonable suspicion to extend the stop. Commonwealth v. Sloan, 2023 PA Super 173 (Sep. 21, 2023).* Plaintiff was in court shortly after … Continue reading

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TX2: Slow to pull over and furtive movements is RS

When the officer is attempting to pull over a car for a traffic offense, being slow to stop and furtive movements in the car become reasonable suspicion to extend the stop. Moore v. State, 2023 Tex. App. LEXIS 7343 (Tex. … Continue reading

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OH8: Street gambling doesn’t justify frisk for weapons

15-20 men standing around gambling did not justify a frisk for weapons. State v. Parrish, 2023-Ohio-3356, 2023 Ohio App. LEXIS 3266 (8th Dist. Sep. 21, 2023). The search issue raised after trial and waived pretrial does not show manifest injustice. … Continue reading

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D.S.D.: Two anonymous tips about a car built upon one another and provided RS

Two anonymous tips about a car built upon one another and finding the car on the interstate was reasonable suspicion. United States v. Gonzalez, No. 422-CR-40119-KES, 2023 U.S. Dist. LEXIS 167068 (D.S.D. Sep. 15, 2023). Defendant was indicted for conspiring … Continue reading

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D.Alaska: Seizure of syringe during Terry frisk was reasonable

Seizure of a syringe from defendant’s pocket in a Terry frisk was reasonable even though it could have been a pen. Other things, no. United States v. Endsley, 2023 U.S. Dist. LEXIS 166997 (D. Alaska Sep. 20, 2023). Plaintiff sued … Continue reading

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TN: Moving purse from car after PC developed makes it subject to search incident

A passenger can’t defeat an automobile exception search by removing her purse after probable cause developed. Cases in other jurisdictions have held that removal before probable cause developed put it beyond search. State v. Hoffman, 2023 Tenn. Crim. App. LEXIS … Continue reading

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Just Security: Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)

Just Security: Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox) by Michael Dreeben, Elizabeth N. Hadley, Conor S. O’Shea and Johanna Seale: The Fourth Amendment revolution in Carpenter v. United States has produced a constitutional world that seems – … Continue reading

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GA: Unjustified protective sweep suppressed

The “security sweep” of defendant’s dwelling violated the Fourth Amendment. No justification for the entry and no exigent circumstances were shown. Defendant’s alleged consent came after the unlawful entry. Denial of suppression reversed. Thompson v. State, 2023 Ga. App. LEXIS … Continue reading

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Slate: New Jersey Provides a Road Map for Fighting Racially Biased Traffic Stops

Slate: New Jersey Provides a Road Map for Fighting Racially Biased Traffic Stops by Aliza Hochman Bloom (“When the Supreme Court struck down the use of race-conscious admissions at Harvard and the University of North Carolina last term, the conservative … Continue reading

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NM: State had to support search incident to arrest of def’s purse at suppression hearing and didn’t

Defendant’s purse over the shoulder was not part of her person. It was removed from her and later searched incident to arrest. The state failed to support the search incident doctrine at the suppression hearing of where the purse was … Continue reading

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D.Mont.: On foot in rural MT in area known for illegal border crossings was RS for stop

“Excluding Manrique-Frias’s clothing, the CBP officers observed Manrique-Frias walking in an unpopulated rural area within miles of the border where illegal on-foot entry recently had increased and in weather conditions that a person typically would not walk. Agent Buchnowski testified … Continue reading

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W.D.N.C.: Alleged distinction between smell of MJ and hemp not material here

The distinction between the smell of legal hemp and illegal marijuana wasn’t material where the officer testified he smelled marijuana. United States v. Harris, 2023 U.S. Dist. LEXIS 164723 (W.D.N.C. Sep. 14, 2023).* Defendant was speeding. The stop produced a … Continue reading

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N.D.Iowa: Drug dog breaking plane of the car window is a trespass and entry without PC

The drug dog broke the plane of the window, and that’s a trespass. There was no probable cause at that point, and the R&R is rejected. The motion to suppress is granted. United States v. Buescher, 2023 U.S. Dist. LEXIS … Continue reading

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AP News: A Mississippi jury rules officers justified in fatal 2017 shooting after police went to wrong house

AP News: A Mississippi jury rules officers justified in fatal 2017 shooting after police went to wrong house (“The case was notable in part because the city of Southaven had previously argued that Lopez had no civil rights to violate … Continue reading

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D.Neb.: Failure to mention lack of ShotSpotter alert in SW affidavit after seeing possible evidence inside SUV not material

Police responding to a shots fired call looked through the windows of defendant’s Tahoe and saw a gun magazine. Failure to mention the lack of a ShotSpotter alert wasn’t material. United States v. Johnson, 2023 U.S. Dist. LEXIS 164666 (D. … Continue reading

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