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Infowars.com | As the NATO summit nears, Chicago law enforcement doubles up on crowd control tactics.

The district court’s finding of consent was, it said, a close call, but defendant was advised of his right to refuse and consented. [Thus, advice of right to refuse consent was apparently determinative when consent was a close call.] United States v. Mendoza, 2012 U.S. App. LEXIS 9673 (8th Cir. May 14, 2012)*:

. . . The validity of consent is a question of fact, which we review for clear error. See id.

The district court recognized the factual record made this case a close call. On the one hand, Mendoza did not explicitly state the officers were permitted to search the Louis Place residence or sign the consent-to-search form, and the significant police presence at the roadside stop and the residence raise the possibility Mendoza merely acquiesced to police authority. See id. at 773. On the other hand, Mendoza's gestures and body language indicated his consent. Officer Fink and Detective Batcheller specifically informed Mendoza of his right to refuse consent, and Mendoza clearly understood this right, because he initially refused consent and bargained with the officers regarding the terms of his consent.

There was no clear error in the district court’s determination that defendant’s girlfriend he shared a bedroom with consented to a search of the bedroom to look for guns. She admitted it on the stand, too. She was not advised of a right to refuse, but that is only a factor. United States v. Graham, 2012 U.S. App. LEXIS 9605 (9th Cir. May 11, 2012).*

Defendant was stopped because his car was illegally parked and that was justification for the officer approaching the defendant and observing him allegedly under the influence. Miller v. Chenoweth, 2012 W. Va. LEXIS 276 (May 10, 2012).*

GPS surveillance in the Ninth Circuit was under binding precedent before Jones, so Davis applies. United States v. Fata, 2012 U.S. Dist. LEXIS 66759 (D. Nev. March 15, 2012):

Consequently, even assuming non-compliance with ATF regulations, the Court finds that use of the GPS device in this case was lawful under Pineda-Moreno at the time it was installed and monitored.

Further, consistent with the Supreme Court's decision in Davis v. United States, 131 S. Ct. 2419 (2011), the Court finds that the purpose of the exclusionary rule would not be served in this instance by suppression based solely on placement of the GPS device because placement of the GPS device and the subsequent monitoring was done in reasonable reliance on then binding appellate precedent as announced in Pineda-Moreno.

As a result of the Court's finding and the decision in Davis, even though the installation and use of the GPS device to assist agents in initiating their surveillance on May 14, 2011 through May 15, 2011 did violate Defendants' Fourth Amendment rights, none of the information obtained as a result thereof is subject to suppression. In particular, the surveillance evidence obtained by agents on May 15, 2011, when they observed and overheard conversations during the purchases of firearms at the Gun Store and the gun show will not be suppressed.

Officers responded to a one vehicle accident and found an Escalade on its side in the road. The vehicle had to be towed, so the inventory was lawful. Besides that, the officer saw a gun in the car and one of the occupants dropped a baggy of drugs when the police showed up. United States v. Brown, 2012 U.S. Dist. LEXIS 66880 (S.D. Ohio May 14, 2012).*

The affidavit for the search warrant here was “bare-boned” and “slim” but barely sufficient to show probable cause and have the benefit of the good faith exception. United States v. McIrby, 2012 U.S. Dist. LEXIS 66946 (S.D. Ala. May 14, 2012)*:

Analyzing the affidavit under the totality of the circumstances, the court finds that the information contained in the warrant, although slim, is sufficient to establish probable cause. The affidavit does not offer evidence of the informant's history of reliability. However, while such information is relevant to a probable cause determination, it is not required to be set forth in the affidavit if there is other evidence under the totality of the circumstances to support a probable cause finding.

A UPS package from Mexico to Florida was inspected at the UPS de facto border checkpoint at its Louisville hub, and it was found to have cocaine. A controlled delivery was arranged for the Florida address with an anticipatory search warrant. The package was equipped with a beeper to alert to when it was opened and a GPS. First, the defendant’s name was nowhere on the package as shipper or recipient, so he lacked “standing.” Second, the package was lawfully opened under the border exception. Third, the monitoring of the packages with the beeper and GPS occurred while the vehicle was in a public place. Finally, the officers had probable cause to stop and search the car. United States v. Arrendondo, 2012 U.S. Dist. LEXIS 66919 (M.D. Fla. May 14, 2012):

The facts of this case are more closely aligned with Karo and United States v. Knotts, 460 U.S. 276 (1983) than with Jones. In Karo, the government came into physical contact with the container before it belonged to the defendant. "The transfer of the container with the unmonitored beeper inside did not convey any information and thus did not invade Karo's privacy." Jones, 132 S. Ct. at 952 (citing Karo, 468 U.S. at 712). Jones found that the conclusion was "perfectly consistent with the one we reach here. Karo accepted the container as it came to him, beeper and all, and was therefore not entitled to object to the beeper's presence, even though it was used to monitor the container's location." Jones, 132 S. Ct. at 952. Unlike Jones, no law enforcement officer trespassed on defendant's vehicle to install a tracking device. Indeed, law enforcement officers did nothing to place the package in the vehicle. The package was simply delivered to the mobile home according to the instructions given by defendant or a conspirator to UPS, and the conduct of the conspirators was allowed to take its natural course.

Karo did hold, however, that some monitoring of the tracking device required a warrant under the Fourth Amendment. The Court held that the monitoring of a beeper in a location not open to visual surveillance (there a residence) violated the Fourth Amendment rights of those who had a justifiable interest of privacy in the location. Karo, 468 U.S. at 714-18. Here, the beepers were monitored only while the Toyota was moving in public places subject to lawful visual surveillance. Therefore, the monitoring did not violate the Fourth Amendment.

Officers responded to a domestic dispute where the defendant felon was alleged to have used a gun in an assault on the other in the house. He came to the door to talk to the officers, but the gun was in the couch. That was exigency enough to enter where the officers feared he might break for the gun. United States v. Ward, 2012 U.S. Dist. LEXIS 66824 (W.D. Mo. April 16, 2012).*

Probable cause and exigent circumstances supported the entry into the defendant’s apartment. While the police were outside, the heard voices of the people they knew were in there. Defendant was wanted but not yet found. United States v. Ashbourne, 2012 U.S. Dist. LEXIS 66985 (E.D. Mich. May 14, 2012).*

The USMJ found the traffic stop and detention was justified by reasonable suspicion. On review, the USDJ finds that the officers did not create exigent circumstances–their investigation was appropriate. United States v. Dunn, 2012 U.S. Dist. LEXIS 66427 (W.D. Tenn. May 13, 2012), adopting 2012 U.S. Dist. LEXIS 66977 (W.D. Tenn. March 27, 2012).*

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