WaPo: Google says it fought gag orders in WikiLeaks case

WaPo: Google says it fought gag orders in WikiLeaks case by Ellen Nakashima and Julie Tate:

Google has fought all gag orders preventing it from telling customers that their e-mails and other data were sought by the U.S. government in a long-running investigation of the anti-secrecy group WikiLeaks, which published leaked diplomatic cables and military documents, an attorney representing the tech firm said this week.

Posted in FISA / national security | Comments Off

NY Times: Drones Spotted, but Not Halted, Raise Concerns

NY Times: Drones Spotted, but Not Halted, Raise Concerns by Michael S. Schmidt and Michael D. Shear:

As Major League Baseball’s top players took the field at the All-Star Game in Minneapolis in July, a covert radar system scanned the sky above the 40,000-seat stadium for what security experts said was an emerging threat to public safety: drones.

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D.Neb.: IP address associated with CP enough to search computers at address where IP used

“In the Eighth Circuit, for the purposes of determining whether probable cause exists to search a computer [for child pornography], an IP address assigned to a specific user at the time illegal internet activity associated with that IP address occurs is a sufficient basis to find a nexus between the unlawful use of the internet at that IP address and a computer possessed by the subscriber assigned the address.” United States v. Reibert, 2015 U.S. Dist. LEXIS 9848 (D.Neb. January 27, 2015).*

Defense counsel wasn’t ineffective for not challenging a “anytime” state search warrant under state law when the case was indicted federally because a violation of state law doesn’t translate into a federal violation. Danner v. United States, 2014 U.S. Dist. LEXIS 181245 (N.D.Ala. December 29, 2014).*

Defense counsel wasn’t ineffective for not appealing denial of the motion to suppress because, based on the whole record, including the trial, there was reasonable suspicion for the stop. State v. Goldsmith, 2015-Ohio-261, 2015 Ohio App. LEXIS 220 (5th Dist. January 15, 2015).*

Posted in Ineffective assistance, Probable cause | Comments Off

D.V.I.: “Casing” the premises from the street as a prelude to a knock-and-talk does not violate the curtilage

“Casing” the premises from the street as a prelude to a knock-and-talk does not violate the curtilage. United States v. Lubrin, 2015 U.S. Dist. LEXIS 9682 (D.V.I. January 28, 2015).

The officer had reasonable suspicion to continue the detention on the highway, and it was not unreasonable to put the defendant in the back of the police car during the dog sniff. State v. Stephenson, 2015-Ohio-233, 2015 Ohio App. LEXIS 200 (12th Dist. January 26, 2015).*

There was no plain error in the trial court’s holding on defendant’s arrest. This is not clearly a cite and release situation, as defendant admits, and it’s a case of first impression. (Essentially, if it’s of first impression, it’s not plain error.) State v. Pettie, 2015 Tenn. Crim. App. LEXIS 59 (January 28, 2015).*

Posted in Curtilage, Reasonable suspicion | Comments Off

CA11: Ptf’s motorcycle crash fleeing police was not excessive force

Plaintiff led officers on a high-speed chase on a motorcycle through two counties, at times reaching 110 mph. In a city, “[i]ndeed, the video shows that he covered the 4.8 miles between the intersections of Z-Horse Charters and South East Avenue B in just 3 minutes and 3 seconds—at a blur-inducing average speed of 94.43 mph.” He crashed and sued the officers for chasing him and lost. Willis v. Mock, 2015 U.S. App. LEXIS 1231 (11th Cir. January 27, 2015):
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Posted in Excessive force, Reasonableness, § 1983 | Comments Off

WaPo: The Watch: Fairfax police stage a SWAT raid on poker players

WaPo: The Watch: Fairfax police stage a SWAT raid on poker players by Radley Balko:

Playing cards could be dangerous. Better just stick to the lottery.

Posted in Excessive force, Warrant execution | Comments Off

CA7: Ptfs adequately pled that officers searched house without consent from 14 year old

At the pleading stage, plaintiffs adequately pled that officers told a 14 girl that they had to search the house, she ran upstairs with her brother, and the officers did so without a warrant. There is no consent on the face of the complaint. Vinson v. Vermilion County, 2015 U.S. App. LEXIS 1292 (7th Cir. January 27, 2015).

There was an agreement to copy defendant’s cell phone without searching it, but it was searched. The district court denied the motion to suppress without a hearing. In the officer’s trial testimony, the differences were shown, and the court of appeals remands for a suppression hearing. United States v. Aguilera, 2015 U.S. App. LEXIS 1278 (9th Cir. January 27, 2015).*

The defendant’s wife had apparent authority to consent to a search of their detached garage that he supposedly always kept the keys to. On the credibility determination, the court finds that he did not exclude the family except by his express permission. United States v. Mojica, 2015 U.S. Dist. LEXIS 8923 (N.D. Ill. January 26, 2015).*

Posted in Apparent authority, Cell phones, Consent, Scope of search | Comments Off

CA5: Unsolicited consent to search cell phone dissipated taint of unlawful detention

Even assuming, without deciding, a constitutional violation in the length of defendant’s detention, his unsolicited offer to have the police search his cell phone dissipated any taint and attenuated the cell phone search from the detention. United States v. Montgomery, 2015 U.S. App. LEXIS 1291 (5th Cir. January 27, 2015):
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Posted in Attenuation, Cell phones, Consent | Comments Off

CA7: Detention of a minor based on a report from a friend she was suicidal was reasonable

This minor’s § 1983 suit alleges a Fourth Amendment violation when she was taken to a hospital and subjected to a mental health examination based a report from a school friend that she had attempted to kill herself. The police officer who went to the home where she was staying and detained her until a county sheriff’s deputy arrived did not violate her constitutional rights because information that the minor was suicidal supported his decision to maintain custody for a short time. As to the deputy, who ordered the minor into his police car over her protests and those of her father, took her to the hospital against her will, and signed hospital forms with incorrect information, further development of the record was required to determine if the officer’s actions were objectively reasonable and whether the deputy was entitled to qualified immunity. Bruce v. Guernsey, 2015 U.S. App. LEXIS 1184 (7th Cir. January 26, 2015).

Posted in Community caretaking function, Emergency / exigency, Qualified immunity, § 1983 | Comments Off

N.D.Iowa: Fourth Amendment doesn’t require that driver be given option to call somebody to get car

This inventory was shown to be valid despite the argument that defendant’s wife could have been called to get the car. No Fourth Amendment case says that’s a requirement. United States v. Crane, 2015 U.S. Dist. LEXIS 8448 (N.D. Iowa January 26, 2015).

On the totality, defendant’s consent on video was shown by the government to be voluntary. He was smiling during the encounter, and he read a consent form in Spanish that said he had a right to refuse consent. United States v. Guevara-Miranda, 2015 U.S. Dist. LEXIS 9226 (W.D. La. January 20, 2015).*

Stopping defendant after he pulled into another person’s driveway at night was unreasonable. The area was not a high crime area, the officer was not responding to a call, and he had no suspicion of any traffic infraction or any other criminal activity. The community caretaking / emergency aid exception to the Fourth Amendment warrant requirement did not apply because there was no evidence that the officer had any reason to believe defendant was in imminent harm. State v. Dixon, 2015-Ohio-208, 2015 Ohio App. LEXIS 181 (11th Dist. January 26, 2015).*

Posted in Community caretaking function, Consent, Emergency / exigency, Inventory | Comments Off

The Hill: Senators resurrect bill to require a warrant for email searches

The Hill: Senators resurrect bill to require a warrant for email searches by Mario Trujillo

Sens. Patrick Leahy and Mike Lee plan to re-introduce legislation in the “coming weeks.”

Posted in E-mail, ECPA | Comments Off

Center for Democracy and Technology: Data Privacy Day: A Reminder of the Need to Update ECPA

Center for Democracy and Technology: Data Privacy Day: A Reminder of the Need to Update ECPA by Chris Calabrese:

For years CDT has been leading the charge to update the Electronic Communications Privacy Act (ECPA), the law that governs how police and government can access to our personal communications like emails and photos. We’ve consistently argued that these types of private communications should only be accessible with a warrant based on probable cause – the same standard used to search your postal mail or your home.

Today, Data Privacy Day, is a good day to talk about why. …

Posted in E-mail, ECPA | Comments Off

Roll Call: How Congress Can Protect Americans’ Email Privacy | Commentary

Roll Call: How Congress Can Protect Americans’ Email Privacy | Commentary by Gabe Rottman and Katie McAuliffe:

Did you lock your front door when you left for work this morning? Rest easy, then, knowing your papers are secure. But what about your emails? Not so much. Because right now, an outdated law threatens the Fourth Amendment protections of every American who uses the Internet. Whether you are a committee chairman or an unpaid intern, your digital privacy is currently at risk.

Wednesday is Data Privacy Day, and it’s as good a day as any to talk about the urgent unfinished task awaiting the new Congress — protecting Americans from unwarranted government intrusion into our private lives.

Posted in Uncategorized | Comments Off

D.N.M.: Michigan v. Summers applies to homes, not businesses

ICE raided and executed a search warrant on Soccer City in Albuquerque because of suspicion the operators were selling fake IDs. Defendant walked in carrying a box and he was accosted by the ICE agents and asked for his ID, too. They took it and ran it, and it came back that he’d been removed in the 1990s. He was charged with illegal entry after removal. His motion to suppress his ID and fingerprints was granted. The government relied on Michigan v. Summers and dealing with those who happen upon searches. While the initial encounter was consensual and he wasn’t blocked from leaving, keeping his ID too long made it a detention without reasonable suspicion. Delgado would make the initial stop valid, but there was no reason to continue as along as it did. Summers applies to the home when there is a drug warrant, not customers of a business when there is a fraud warrant. United States v. Lopez-Garcia, 2013 U.S. Dist. LEXIS 189297 (D.N.M. December 13, 2013):
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Posted in Probable cause, Reasonable suspicion, Scope of search | Comments Off

The New Yorker: Letter from Albuquerque: Your Son Is Deceased

The New Yorker: Letter from Albuquerque: Your Son Is Deceased by Rachel Aviv:

The city has one of the highest rates in the country of fatal shootings by police, but no officer has been indicted.

Posted in Excessive force | Comments Off

AP: Sheriffs want popular police-tracking app disabled

AP: Sheriffs want popular police-tracking app disabled by Eileen Sullivan:

Sheriffs are campaigning to pressure Google Inc. to turn off a feature on its Waze traffic software that warns drivers when police are nearby. They say one of the technology industry’s most popular mobile apps could put officers’ lives in danger from would-be police killers who can find where their targets are parked.

Posted in Surveillance technology | Comments Off

Wall Street Journal: U.S. Spies on Millions of Cars

Wall Street Journal (subscription/registration required): U.S. Spies on Millions of Cars by Devlin Barrett:

The Justice Department has been building a national database to track in real time the movement of vehicles around the U.S., a secret domestic intelligence-gathering program that scans and stores hundreds of millions of records about motorists, according to current and former officials and government documents.

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