DC parolee’s GPS monitor can only be placed by court order

Defendant’s GPS monitoring while on D.C. parole was unauthorized without an order from the sentencing court. It also doesn’t fit under Knights and Samson and special needs. Therefore, its use here to connect defendant to a crime is suppressed. Davis v. United States, 2023 D.C. App. LEXIS 348 (Dec. 21, 2023) (2-1, and under submission for 23 months).

In a Covid vaccination case from Washington State, “Plaintiffs forfeited their privacy claim under the federal constitution—whether it is raised as a substantive due process right or as a Fourth Amendment right. Starting with the Fourth Amendment, Plaintiffs waived that right by failing to ‘specifically and distinctly argue[]’ the issue in their opening brief.” Pilz v. Inslee, 2023 U.S. App. LEXIS 34021 (9th Cir. Dec. 22, 2023).*

Pittsburgh Port Authority police approached decedent about drinking in public, and a struggle ensued. He pulled a knife and the standoff lasted about 20 minutes. He refused to drop the knife, ultimately stabbing the police dog. From 8′ away the officers fired, killing him. They get qualified immunity. Kelley v. O’Malley, 2023 U.S. App. LEXIS 34031 (3d Cir. Dec. 22, 2023).*

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