404 Media: USPS To Put Cameras in Trucks That Scan Roads for ‘Community Safety’

404 Media: USPS To Put Cameras in Trucks That Scan Roads for ‘Community Safety’ by Joseph Cox (“USPS says the cameras, put on USPS truck dashboards, will scan roads, signs, and more.”) Roving Flock or pole cameras or both?

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D.N.M.: Checking VIN number during traffic stop is reasonable

During a traffic stop, asking for identification and about travel plans and checking the VIN is reasonable under N.Y. v. Class. United States v. Sanchez, 2026 U.S. Dist. LEXIS 223586 (D.N.M. Sep. 30, 2026).

Defendant was a passenger in a traffic stopped and she was handcuffed and believed she was detained since the driver was told that. Miranda applies. Traffic detainees are not normally handcuffed. United States v. Calvert, 2026 U.S. Dist. LEXIS 223163 (N.D. Iowa Sep. 30, 2026).*

2255 petitioner doesn’t show that raising his Fourth Amendment issue sooner would have changed the outcome. United States v. Abdi, 2026 U.S. Dist. LEXIS 223027 (E.D. Mich. Sep. 30, 2026).*

Even though the officer couldn’t see the driver because of window tint, under Glover it was still reasonable to assume the registered owner was the driver. United States v. Williams, 2026 U.S. Dist. LEXIS 220561 (N.D. Ala. Aug. 28, 2026).

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E.D.Ky.: Possession of firearms is ongoing crime so seldom stale

Possession of firearms is an ongoing crime, not an episodic one, so the warrant was not stale. United States v. Jefferson, 2026 U.S. Dist. LEXIS 219784 (E.D. Ky. Sep. 28, 2026).

The information in the affidavit for warrant was sufficient to show a fair probability drugs would be found, and it was not stale. The trial court erred in suppressing. State v. Melton, 2026 Ala. Crim. App. LEXIS 39 (Sep. 25, 2026).*

By the time the traffic officer asked for consent he had reasonable suspicion. United States v. Koroma, 2026 U.S. Dist. LEXIS 220887 (W.D. Pa. Sep. 28, 2026).*

Touching the fog line is reason for a stop. McGraw v. State, 2026 Ind. App. LEXIS 323 (Sep. 28, 2026).*

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CNS: Privacy class action over genetic data moves forward

Courthouse News Service: Privacy class action over genetic data moves forward by Edvard Pettersson (“A federal judge on Wednesday waved portions of a class action by people who say a San Diego-based operator of a genealogical research site allowed third parties, including Meta and law enforcement, access to their DNA profile without their permission. U.S. District Judge James Simmons Jr. partially denied a motion to dismiss the claims by Verogen Inc. and Qiagen NV, a European multinational that acquired GEDmatch.com in 2023. The judge said the plaintiffs can proceed with their claims that pertain to a purported technical loophole in GEDmatch’s PRO platform, which allowed law enforcement users to circumvent the opt-out privacy setting and run comparisons against profiles of users who had specifically restricted such access.”)

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WaPo: Florida county discovers mysterious Flock cameras with no obvious owner

WaPo: Florida county discovers mysterious Flock cameras with no obvious owner by Alex DeLuca (“Officials say they don’t know who installed the controversial cameras or how the data was being used. Residents are unnerved.”)

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D.Or.: “a person’s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person.” Ybarra

There was no probable cause for defendant’s arrest just because he was around others there was probable cause for. United States v. Sentael, 2026 U.S. Dist. LEXIS 223598 (D. Or. Sep. 30, 2026)*:

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E.D.Cal.: Ptf doesn’t sufficiently allege access to private medical information violated 4A

“Plaintiff alleges that Defendants Oakden and Reynolds’s ‘unlawful access to private medical information’ violated Plaintiff’s Fourth Amendment rights. FAC at 4. Plaintiff’s vague and conclusory allegations are insufficient to establish a violation of the Fourth Amendment. See Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 570; Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984) (‘The plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support the plaintiff’s claim.’). Further, Plaintiff ‘has not shown that [her] right to the privacy of [her] medical information … is protected by the Fourth Amendment.’ Harris v. Combs, 2024 WL 324513, at *2 (W.D. Wash. Jan. 29, 2024), appeal dismissed, 2025 WL 2171135 (9th Cir. Mar. 26, 2025). Therefore, the FAC fails to state a claim for a Fourth Amendment violation.” Hendrix v. Cal. Dep’t of Tax & Fee Admin., 2026 U.S. Dist. LEXIS 222267 (E.D. Cal. Sep. 28, 2026).

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404 Media: Surveillance Company Wants to Add Facial Recognition to Flock Cameras

404 Media: Surveillance Company Wants to Add Facial Recognition to Flock Cameras by Jason Kobler (keep in mind it only requires a software update):

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Reason: AI Facial Recognition Didn’t Put This Tennessee Grandma in Jail for 6 Months. Bad Policing Did.

Reason: AI Facial Recognition Didn’t Put This Tennessee Grandma in Jail for 6 Months. Bad Policing Did. by Autumn Billings (“Angela Lipps is suing for $10 million after a Fargo police detective ignored evidence that she was innocent and arrested her anyway.”)

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TX14: RS doesn’t even require an identifiable crime

Reasonable suspicion doesn’t even require that the officer has to articulate what crime is happening or about to happen. Williams v. State, 2026 Tex. App. LEXIS 9076 (Tex. App. – Houston (14th Dist.) Sep. 29, 2026):

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Jail searches: (1) body scan led to SW for body cavity search and (2) biometric scans reasonable

Plaintiff was subjected to an electronic body scan that led to a body cavity search with a warrant for an apparent mass inside him. This search was reasonable. Brown v. Suess, 2026 U.S. Dist. LEXIS 220823 (W.D.N.Y. Sep. 28, 2026).

Facial biometric scans of inmates in a jail violate no privacy interest. Jones v. Mata, 2026 U.S. Dist. LEXIS 220261 (N.D. Ind. Sep. 24, 2026).

A suspicionless GPS search condition for a probationer was reasonable. United States v. Taplin, 2026 U.S. Dist. LEXIS 220219 (D. Or. Sep. 28, 2026).*

Given the trial court found the officer not credible, on these facts, the order of suppression is affirmed. State v. Caughenbaugh, 2026-Ohio-3809 (5th Dist. Sep. 25, 2026).*

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D.Haw.: Ex parte communications about SW issuance doesn’t require later recusal

The fact there were ex parte communications with a judge about a wiretap warrant doesn’t require recusal of the judge. United States v. Kobayashi, 2026 U.S. Dist. LEXIS 220121 (D. Haw. Sep. 28, 2026).

Plaintiff can’t show causation for his alleged injury from excessive force, so summary judgment for the officer. Brown v. Inglehart, 2026 U.S. Dist. LEXIS 219722 (E.D. Ark. Sep. 28, 2026).*

Plaintiff’s § 1983 suit over his arrest is barred by Younger abstention because he can raise all those issues in state court first. Anderson v. Price, 2026 U.S. Dist. LEXIS 219763 (W.D.Ark. Sep. 28, 2026).*

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CA5: Bogus traffic stop can’t support frisk

Plaintiff plausibly alleged a bogus traffic stop and so the frisk lacked reasonable suspicion and violated the Fourth Amendment. This is clearly established law. Rosales v. Lewis, 2026 U.S. App. LEXIS 29016 (5th Cir. Sep. 22, 2026). (Reason article here.)

Any possible error in finding defendant’s firearm under the public safety exception to Miranda was harmless. State v. Crawford, 2026 MT 225 (Sep. 22, 2026).*

“We agree with the issuing judge that both prongs of the Aguilar-Spinelli test were satisfied by the affidavit in this case. We therefore affirm the issuing judge’s finding of probable cause and the issuance of the warrant to search Defendant’s home, and reverse the district court’s contrary conclusion.” There was a Franks challenge, too, and, while there were no good findings on that from the trial court, the court of appeals independently doesn’t find them material to probable cause. State v. Sneed, 2026 N.M. App. LEXIS 69 (Sep. 28, 2026).*

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Jezebel: One Piece of Flock Camera Data Put This Innocent Woman in Jail for 13 Days

Jezebel: One Piece of Flock Camera Data Put This Innocent Woman in Jail for 13 Days by Jim Vorel (“Police didn’t care that Lindsey Isaacs’ car was the wrong color, and wasn’t damaged. They still arrested her because of Flock data.”)”

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CA3: Coast-to-coast collective knowledge

Investigators in Pennsylvania could rely on another investigator at UCLA and combine their information for probable cause. United States v. Carter, 2026 U.S. App. LEXIS 29575 (3d Cir. Sep. 25, 2026).

Petitioner’s 2255 Franks challenge fails to “plausibly allege” falsity. Godette v. United States, 2026 U.S. Dist. LEXIS 219305 (E.D.N.C. Sep. 25, 2026).*

“[O]fficers did not violate the Fourth Amendment by approaching Medrano with their weapons drawn and ready to use. While the Officers used a high level of force, they reasonably believed that Medrano may have committed multiple serious offenses, posed a threat to their safety, and was actively on the run from a felony arrest warrant and may again attempt to flee. Accordingly, the Officers’ use of force under these circumstances was reasonable and did not violate Medrano’s Fourth Amendment rights.” Medrano v. Acosta, 2026 U.S. App. LEXIS 29486 (9th Cir. Sep. 25, 2026).*

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Reason: Border Agents Search Phones Without Warrants. This Case Asks the Supreme Court if That’s Constitutional

Reason: Border Agents Search Phones Without Warrants. This Case Asks the Supreme Court if That’s Constitutional by Tosin Akintola (“Federal appeals courts differ on whether the Fourth Amendment protects your cellphone at the border. A Texas lawyer is asking the Supreme Court to settle it.”) (“What started as a ‘narrow constitutional exception’ now ‘threatens to swallow the protection it was meant only to qualify,’ according to an amicus brief filed last week by the Cato Institute asking the Supreme Court to reconsider a petition about warrantless searches of Americans at the border. The petitioner is George Anibowei, a Texas-based immigration attorney who has, on five separate occasions when traveling internationally, been stopped and had his phone searched at the border by federal agents. The law gives agents the authority to seize and search property—including cellphones and other electronic devices—without a warrant and without suspicion when crossing a border. Federal courts have upheld this policy under the border search exception—which defers to the sovereign’s right to protect itself and requires no warrant, probable cause, or suspicion for a search—and have extended the exception to include the contents of a person’s cellphone.”) Probability of a cert grant? High.

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The Economist: Why licence-plate readers are angering Americans

The Economist: Why licence-plate readers are angering Americans (“ALPRs are not new: local governments have long used them to collect tolls and enforce traffic laws. More recently, activists on the left protested against their use by federal immigration authorities. Donald Trump, on the other hand, says he likes Flock because it helps law enforcement. Yet the uproar has escalated quickly, echoing the outcry over data centres. ALPRs and data centres have both scaled up quickly and become symbols of anxiety about AI … Flock claims to have aided 10,000 missing-person cases last year. But its network of ALPRs ‘goes far beyond what people previously understood the tools to be’, argues Melissa Owen of the National Association of Criminal Defence Lawyers. Cops do not need warrants to look up plates, and state laws vary on how officers log searches, how long data can be stored and whether footage can be sent to other states.”)

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N.D.Cal.: Typo in list of crimes being investigated in affidavit for SW could be overlooked

A typo in the affidavit for warrant including murder as one of the crimes under investigation could be overlooked. United States v. Pokorny, 2026 U.S. Dist. LEXIS 217899 (N.D. Cal. Sep. 24, 2026).

Patdown searches are a part of institutional living for civilly committed SVPs. Welsh v. Management & Training, Corp., 2026 U.S. Dist. LEXIS 217569 (N.D. Tex. July 29, 2026).*

“[T]he court determined that Brice was entitled to qualified immunity because Hecke failed to identify precedent clearly establishing that a forensic examiner violates the Fourth Amendment by relying on a signed attestation from another officer affirming the legality of a search. The court found further support for this conclusion under the collective knowledge doctrine, which permits law-enforcement officers to rely on facts supplied by other officers to support a search or arrest of a suspect even if the officer himself lacks firsthand knowledge of facts that amount to requisite level of suspicion.” Hecke v. Comm’r of Ind. State Police, 2026 U.S. App. LEXIS 29421 (7th Cir. Sep. 22, 2026).*

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MN: Risk of destruction of evidence was exigency for seizure of cell phone

The exigency for seizure of defendant’s cell phone pending getting a warrant was risk of destruction of evidence. State v. Laflex, 2026 Minn. LEXIS 592 (Sep. 23, 2026).

Furtive movements add to reasonable suspicion. Ex parte Lucio, 2026 Tex. Crim. App. LEXIS 905 n. 303 (Sep. 24, 2026).

There was reasonable suspicion for defendant’s detention aside from the traffic stop based on collective knowledge he was attempting to purchase drugs. The dog sniff thereafter was reasonable. United States v. French, 2026 U.S. Dist. LEXIS 217063 (E.D. La. Sep. 24, 2026).*

US Postal Inspectors checked the addresses on the package which proved likely bogus, and that gave reasonable suspicion to remove it from the mail stream for a dog sniff. State v. Wescott, 2026 Del. Super. LEXIS 446 (Sep. 18, 2026).*

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CA4: Use of a cell-site simulator to locate def was a search under the 4A

“We hold that the use of the cell-site simulator constituted a search within the meaning of the Fourth Amendment. We conclude, however, that the detectives are entitled to qualified immunity and state law public official immunity, and that the Baltimore City Police Department cannot be held liable for the violation of Andrews’s Fourth Amendment rights.” Andrews v. Balt. City Police Dep’t, 2026 U.S. App. LEXIS 29401 (4th Cir. Sep. 24, 2026):

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