Daily Archives: July 1, 2024

N.D.N.Y.: Rent control is not an unreasonable 4A search

“This action concerns New York’s Emergency Tenant Protection Act (‘ETPA’)–specifically N.Y. Unconsol. Law § 8623(d)-(f).” The preliminary injunction is denied because plaintiff is unlikely to prevail. Plaintiff claimed rent control was an unreasonable seizure. It’s not because this is a … Continue reading

Posted in Administrative search | Comments Off on N.D.N.Y.: Rent control is not an unreasonable 4A search

E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”

“Considering the totality of the circumstances, and for whatever reason the officers had for going to Defendant’s residence, the Court concludes that the knock and talk procedure used here did not give rise to a constructive entry. As discussed above, … Continue reading

Posted in Consent, Knock and talk, Nexus | Comments Off on E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”

LAT: Misuse of SW seizure by police leads to $1m verdict

LATimes: Former CHP officer awarded $1 million over sexual material shared during overtime probe by Caroline Petrow-Cohen and James Queally (“Years after a controversial overtime fraud probe, a Los Angeles County jury has awarded a former California Highway Patrol employee … Continue reading

Posted in Warrant execution | Comments Off on LAT: Misuse of SW seizure by police leads to $1m verdict

WaPo: House privacy talks implode in spectacular fashion

WaPo: House privacy talks implode in spectacular fashion, Analysis by Cristiano Lima-Strong (“For years, attempts by Congress to rein in Silicon Valley have largely fizzled out with a whimper. But on Thursday, House efforts to pass a long-sought national privacy … Continue reading

Posted in Uncategorized | Comments Off on WaPo: House privacy talks implode in spectacular fashion

MD: New statute that smell of cannabis isn’t PC isn’t retroactive

The statute saying that the smell of cannabis in a car is no longer probable cause isn’t retroactive, and a search that occurred before its effective date is not subject to the exclusionary rule. Kelly v. State, 2024 Md. App. … Continue reading

Posted in Uncategorized | Comments Off on MD: New statute that smell of cannabis isn’t PC isn’t retroactive

CA3 en banc: Driving to controlled buys from house gave PC for house

Controlled buys that defendant drove to still gave probable cause for search of his house. The probable cause bar isn’t that high. United States v. Sanders, 2024 U.S. App. LEXIS 15832 (6th Cir. June 28, 2024) (en banc) (an unnecessarily … Continue reading

Posted in Franks doctrine, Nexus, Probable cause, Probation / Parole search | Comments Off on CA3 en banc: Driving to controlled buys from house gave PC for house