KROU (NPR): Oklahoma Senate Committee Examines Privacy, Property Concerns About Drone Use

KROU (NPR): Oklahoma Senate Committee Examines Privacy, Property Concerns About Drone Use by Brian Hardzinski & Storme Jones:
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EFF: Why the Warrant to Hack in the Playpen Case Was an Unconstitutional General Warrant

EFF: Why the Warrant to Hack in the Playpen Case Was an Unconstitutional General Warrant by Andrew Crocker:

Should the government be able to get a warrant to search a potentially unlimited number of computers belonging to unknown people located anywhere in the world? That’s the question posed by the Playpen case, involving the FBI’s use of malware against over a thousand visitors to a site hosting child pornography. The prosecutions resulting from this mass hacking operation are unprecedented in many ways, but the scope of the single warrant that purportedly authorized the FBI’s actions represents perhaps the biggest departure from traditional criminal procedure.
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S.D.Tex.: Stop of Greyhound bus in Conroe TX just to search it was unreasonable

Five officers boarded a Greyhound bus in Conroe, Texas just to search it and confront passengers. Defendant’s consent to search belongings suppressed. This was a forced interaction by detaining the bus. United States v. Wise, 2016 U.S. Dist. LEXIS 130681 (S.D.Tex. Sept. 23, 2016):
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AR: Apparent scrivener’s error in the PC went uncorrected and became speculation

Search warrant was issued February 5, 2015 and showed the date of defendant’s alleged drug dealing as November 4-5, 2015. Whether it was a typo that should have been 2014, or should have been February 4-5, 2015 (which was speculative on this record), the search warrant was stale. (Reading between the lines, it’s possible the state could have saved this by testimony at the suppression hearing that it was a mere scrivener’s error, but they didn’t.) Batthrick v. State, 2016 Ark. App. 444 (Sept. 28, 2016):
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S.D.N.Y.: PC was shown, partly based on LEO’s expert opinion

There was probable cause for the search warrant in this case, partly based on a law enforcement officer’s expert opinion about drug trafficking. United States v. Lights, 2016 U.S. Dist. LEXIS 130915 (S.D.N.Y. Sept. 23, 2016).

Another two Playpen cases; motions to suppress denied. United States v. Broy, 2016 U.S. Dist. LEXIS 128616 (C.D.Ill. Sept. 21, 2016);* United States v. Anzalone, 2016 U.S. Dist. LEXIS 129735 (D.Mass. Sept. 22, 2016).*

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CT: Even if search was unreasonable, which isn’t decided, it was harmless beyond a reasonable doubt

Defendant was convicted of murdering his girlfriend with a baseball bat. After killing her, he took some of her stuff and sold and gave it away. He spent the third night after the killing at his sister’s house, and he ended up in custody. She consented to the seizure of his stuff from her house. The court declines to even decide the merits of the search because it is, in any event, harmless beyond a reasonable doubt. State v. Quail, 2016 Conn. App. LEXIS 372 (Oct. 4, 2016).

Marijuana was found in one of two backpacks that came into a store on the backs of defendant and another. Defendant didn’t show standing in the backpack that the marijuana was in. United States v. Walker, 2016 U.S. Dist. LEXIS 128798 (D.Nev. Sept. 21, 2016).*

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WaPo: Volokh Conspiracy: Government ‘hacking’ and the Playpen search warrant

WaPo: Volokh Conspiracy: Government ‘hacking’ and the Playpen search warrant by Orin Kerr:

In recent months, over a dozen district courts have handed down divided opinions on the legality of a single search warrant that was used to search the computers of many visitors to a child pornography website. The warrant raises interesting legal issues, although I think the significant issues are mostly not the ones that have received the most media attention. Many of these cases are headed to various courts of appeal, so I thought I would present an overview of the investigation and discuss some of the legal issues raised by the warrant.

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ABAJ: New York considers ‘textalyzer’ bill to allow police to see if drivers were texting behind the wheel

ABAJ: New York considers ‘textalyzer’ bill to allow police to see if drivers were texting behind the wheel by Jason Tashea:
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W.D.Ark.: “it was not clearly established that the inspection of legal materials during a shakedown violates the inmate’s clearly established constitutional rights”

“[I]t was not clearly established that the inspection of legal materials during a shakedown violates the inmate’s clearly established constitutional rights.” Knox v. Livermore, 2016 U.S. Dist. LEXIS 130485 (W.D.Ark. June 2, 2016).

Defendant’s consent three minutes into the stop was voluntary under the totality. While the whole thing took a while, the early consent made it reasonable. People v. Chavez-Barragan, 2016 CO 66, 2016 Colo. LEXIS 979 (Sept. 26, 2016).*

Defendant’s buccal swab was obtained clearly by consent, so it will not be suppressed. United States v. Jones, 2016 U.S. Dist. LEXIS 128412 (D.Minn. July 28, 2016),* adopted, 2016 U.S. Dist. LEXIS 128075 (D. Minn. Sept. 19, 2016).*

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SCOTUSBlog: The Court after Scalia: The despicable and dispensable exclusionary rule

SCOTUSBlog: The Court after Scalia: The despicable and dispensable exclusionary rule by Akhil Amar:

Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University. His new book, The Constitution Today, contains much more material on several of this essay’s themes: the constitutional wrongness of the exclusionary rule, the principled power of originalism, the pending Supreme Court vacancy, and the complex legacy of Antonin Scalia.
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