Law.com: Storm Brewing Over Feds’ Use of Cell Tower Info

Law.com: Storm Brewing Over Feds’ Use of Cell Tower Info:

A federal magistrate wants Melinda Haag’s office to explain why a warrant shouldn’t be required to obtain locations of mobile phone users.

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Law.com: Microsoft Braces for Long Battle Over U.S. Warrant

Law.com: Microsoft Braces for Long Battle Over U.S. Warrant by Andrew Ramonas:

Microsoft Corp. and its allies have prepared for a long battle in the courts and in Congress over a 1986 electronic communications law as the technology giant fights a U.S. search warrant to give up customer data it has on a server in Ireland.

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Law.com: Police Unions’ Motion Denied in NYC Stop/Frisk

Law.com: Police Unions’ Motion Denied in Stop/Frisk by Andrew Keshner:

Southern District Judge Analisa Torres said police unions’ intervenor bids opposing the settlement between New York City and plaintiffs in stop-and-frisk litigation were untimely and the unions had “no significant protectable interests relating to the subject of the litigation that would warrant intervention.”

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Daily Caller: Government’s Crafty New Method Of Accessing Your Email

Daily Caller: Government’s Crafty New Method Of Accessing Your Email by Giuseppe Macri:

Microsoft is set to argue in federal court Thursday why the government shouldn’t be able to access customer emails stored in overseas servers, and the company wants users to know why they oppose what could set a dangerous privacy precedent.

Microsoft general counsel Brad Smith explained in a Wall Street Journal op-ed Tuesday night why the company should not be forced to turn over emails stored in an offshore Dublin, Ireland server as part of a larger federal narcotics investigation, and how such a decision could open the door to future federal Fourth Amendment violations.

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ACLU Urges SF Federal Court to Tackle Warrantless Cell Tracking

ACLU Urges SF Federal Court to Tackle Warrantless Cell Tracking by Nicole A. Ozer:

When the government demands that your cell phone carrier reveal information about where you’ve been, or where you’re going to go, they should get a warrant. Location information is exactly the kind of sensitive information that the Fourth Amendment is supposed to protect. That’s why we filed a “friend of the court” brief in the Northern District of California on Tuesday urging a federal magistrate judge to tell the government to come back with a warrant when asking for historical cell site location information.

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CBS: Man beaten, three SAPD officers investigated for possible excessive force after case of ‘mistaken identity’

KENS (CBS San Antonio): Man beaten, three SAPD officers investigated for possible excessive force after case of ‘mistaken identity’ by Dillon Collier:

Roger Carlos was in the 10600 block of Westover Hills Boulevard taking photos of a building that will soon be home to his wife’s medical practice, when he was approached by three officers around 2:30 p.m. The officers were identified as an undercover drug task force officer and two SAPD SWAT members. According to an SAPD incident report released to the I-Team, the officers had been pursuing a suspect nearby who was wanted on a felony warrant.

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NYDN: Pregnant woman apparently put in chokehold by NYPD cop during dispute over illegal grilling

New York Daily News: Pregnant woman apparently put in chokehold by NYPD cop during dispute over illegal grilling by Tina Moore:

Photos released Monday by an East New York advocacy group show Rosan Miller, 27, struggling with a cop who appears to have his arm around her neck in a move prohibited by the police department.

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EFF: A National Consensus: Cell Phone Location Records Are Private

EFF: A National Consensus: Cell Phone Location Records Are Private by Hanni Fakhoury:

It’s clear that people consider location information-which can reveal who we associate with, our patterns of movement, and things like religion, sexual practices, and political affiliations-to remain private.

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CA8: Pre-Jardines dog search at the door saved by Davis good faith; Jardines had been already argued

A drug dog alerted at defendant’s door. After the motion to suppress was filed, but before it was heard, Jardines was decided. Because Eighth Circuit precedent allowed the use of a dog at the door prior to Jardines, the Davis good faith exception applies. The fact Jardines had been argued at the time of the search doesn’t change the result. United States v. Davis, 2014 U.S. App. LEXIS 14400 (8th Cir. July 29, 2014):
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D.Ariz.: Being diverted at the border to a secondary inspection area is not custody for Miranda purposes

Being diverted at the border to a secondary inspection area is not custody for Miranda purposes. United States v. Sanchez-Avitia, 2014 U.S. Dist. LEXIS 103233 (D. Ariz. March 26, 2014).

Since there was no violation of the Fifth Amendment during this traffic stop, the consent was voluntary and not tainted by that. United States v. Cortez, 2014 U.S. Dist. LEXIS 102792 (S.D. Mich. July 29, 2014).*

The affidavit for the search warrant showed plenty of nexus to the premises to be searched because of the activities recounted there. United States v. DeJournett, 2014 U.S. Dist. LEXIS 103271 (N.D. Ohio July 29, 2014).*

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Ars Technica: Analysis: Bill banning phone metadata collection gives NSA access to it

Ars Technica: Analysis: Bill banning phone metadata collection gives NSA access to it by David Kravets:

A prominent senator unveiled legislation Tuesday that would end the National Security Agency’s bulk collection of all telephone metadata—a package that still provides the nation’s spooks limited access to the data of every phone call made to and from the US. And the probable-cause standard under the Fourth Amendment is not present.

Conceding the realpolitik, civil rights groups and others are backing the proposal from Patrick Leahy, the Democratic chairman of the Senate Judiciary Committee, even though the NSA may acquire the data absent constitutional protections.

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AOL Autoblog: UK police move to seize mobile phones after all accidents

Be thankful for the Fourth Amendment:

AOL Autoblog: UK police move to seize mobile phones after all accidents by Noah Joseph:

There’s little question that driving while holding your phone is incredibly dangerous. In the UK alone, some 500 people are estimated to be seriously injured or killed each year because of car and truck drivers using their phones behind the wheel – a staggering figure that is leading British authorities to take controversial action.

The UK’s Association of Chief Police Officers has issued guidelines to law enforcement officials to confiscate the phones of anyone involved in a traffic accident so that police can determine if they were using their mobile devices when the accident took place. If a driver is found to have been using his or her phone and caused a serious crash, that driver could be sentenced to up to 14 years in prison.

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Reason TV: The Drug War, the Fourth Amendment, and anal cavity searches in New Mexico

Reason TV: The Drug War, the Fourth Amendment, and anal cavity searches in New Mexico by Paul Feine and Alex Manning:

On July 28, 2014, Reason TV released “Do You Have It Up Your Ass?”: Drug Warriors in New Mexico Go Too Far. Incorporating footage from cameras on the dashboards and lapels of New Mexico law enforcement officers, the program tells the story of Timothy Young, a man who was pulled over in Lordsburg, New Mexico, for a traffic violation in October 2012.

Hidalgo County deputies looking for drugs searched Young’s truck for more than two hours. After a K9 deputy claimed that his dog Leo alerted on the driver’s seat of Young’s truck, deputies obtained a search warrant to search Young’s body. Deputies then drove Young to the Gila Regional Medical Center, located an hour north in Silver City, New Mexico. Young was X-rayed and, while still in handcuffs, subjected to a digital search of his anal cavity. No drugs were found.

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TechDirt: EFF Asks Court To Declare NSA’s ‘Internet Backbone’ Collections Unconstitutional

TechDirt: EFF Asks Court To Declare NSA’s ‘Internet Backbone’ Collections Unconstitutional by Tim Cushing:

This case is also at the center of the DOJ’s on-again, off-again metadata destruction plans, which ultimately resulted in the FISA court backing up the district court’s preservation order preventing the destruction of relevant aged-off Section 702 data. The DOJ said one thing and did another, in the end destroying evidence and claiming the NSA’s was ‘too complex’ to separate relevant data from the rest of the collection.

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CA11: Defendant consented to a search of his computer for CP in investigation of a missing 7 year old

A 7 year old girl went missing that defendant knew and visited his house, and he was questioned, but not as a suspect. [Later somebody with no connection to defendant was arrested.] When questioned, he admitted to visiting child pornography sites and that the children had used the computer, too, and the investigator looked at those sites for clues, finding the LimeWire program. The officer at first disclaimed concern about the child pornography for any investigative purpose, just what happened to the missing girl. Later, the investigator got full consent to search the computers from defendant and his wife. Defendant later withdrew his consent, and a search warrant was obtained, too. That later consent was valid, as was his wife’s, as was the search warrant. United States v. Watkins, 2014 U.S. App. LEXIS 14261 (11th Cir. July 28, 2014).

When the government responds to a motion to suppress that it will not use the evidence, the motion becomes moot. United States v. Martin, 2014 U.S. Dist. LEXIS 102636 (D. Minn. July 9, 2014).*

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Cal1: Order to sit on curb and police dominated atmosphere made consent invalid

Defendant was unlawfully detained when he gave consent to search a backpack. The officer involved often casually talked to people on his beat. When he encountered defendant, he struck up a conversation but finally told him to have a seat on the curb. He asked about his backpack. Other officers showed up, and the questioning got more intrusive. A person in defendant’s position would not have felt free to leave, so it was an unreasonable detention without any cause. In re J.G., 2014 Cal. App. LEXIS 673 (1st Dist. July 25, 2014).

Two probation and parole searches were valid. State v. Gillis, 2014 Del. Super. LEXIS 366 (July 24, 2014).*

The smell of raw marijuana in a vehicle is enough to justify a patdown of the driver. Bell v. State, 2014 Ind. App. LEXIS 356 (July 28, 2014).*

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OK: Under collective knowledge, arresting officer doesn’t need all the details

Under the collective knowledge doctrine, all the details don’t have to be passed on to the arresting officer to make the arrest legal. State v. Iven, 2014 OK CR 8; 2014 Okla. Crim. App. LEXIS 7 (July 25, 2014).

Plaintiff filed a § 1983 excessive force and ADA case against St. Louis County and Taser International, the manufacturer of Tasers. Plaintiff was completely psychotic and was walking around the neighborhood naked and claiming to be God. When he got back to his house, an altercation ensued, and the police were called. Plaintiff was repeatedly Tasered and still would not submit, apparently because of his mental state. The officers and county get qualified immunity, and the Taser instruction manual did not create any clearly established right. De Boise v. Taser Int’l, 2014 U.S. App. LEXIS 14276 (8th Cir. July 28, 2014).*

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