Author Archives: Hall

CA11: Standing required for 41(g) motion to return of property

The district court did not abuse its discretion in declining equitable jurisdiction under Rule 41(g) for lack of a threshold showing of standing and justiciability. United States v. Stoune, 2021 U.S. App. LEXIS 1178 (11th Cir. Jan. 15, 2021). The … Continue reading

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Nothing online is anonymous; especially Zoom

There’s no Fourth Amendment issue raised here, but this is a particularly ugly child pornography case involving live child rape broadcast by Zoom. Police gathered sign-in and logs from Zoom used to share the child pornography. It was captured first … Continue reading

Posted in Digital privacy, Digital Searches | Comments Off on Nothing online is anonymous; especially Zoom

OH7: Defense counsel’s strategic choice to not challenge search was reasonable; he exploited it in cross of the officers

Defense counsel’s strategic choice to not challenge a search and embrace the result of the search for cross-examination was reasonable. And it was justified because it resulted in acquittal on a big count. State v. Baker, 2020-Ohio-7023, 2020 Ohio App. … Continue reading

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NJLJ: Commentary: Use of Facial Recognition Following Capitol Siege Highlights Issues Seen in NJ Case

NJLJ: Commentary: Use of Facial Recognition Following Capitol Siege Highlights Issues Seen in NJ Case by David Gialanella (“This case, it now appears, will be one of many. The mob invasion of the U.S. Capitol has prompted calls for the … Continue reading

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E.D.Wash.: Where buy money was recorded, SW for it has to itemize it

Where buy money has recorded serial numbers, that’s required in a search warrant for the money to satisfy particularity. Also, the good faith exception did not apply. United States v. Contreras-Aguilar, 2021 U.S. Dist. LEXIS 8613 (E.D. Wash. Jan. 15, … Continue reading

Posted in Particularity | Comments Off on E.D.Wash.: Where buy money was recorded, SW for it has to itemize it

CA10: Weaknesses in the PC for Franks should be disclosed

Plaintiff failed to show a Franks violation in the affidavit for warrant. “To be sure, if the affiant for a warrant possesses information that would cast substantial doubt on the existence of probable cause, that information should not be intentionally … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Qualified immunity | Comments Off on CA10: Weaknesses in the PC for Franks should be disclosed

D.Mass.: 15 month delay in getting SW for cell phone seized with PC was unreasonable, but GFE applies

The 15-month delay between seizure of a cell phone with probable cause is was unreasonable, applying United States v. Smith, 967 F.3d 198, 202 (2d Cir. 2020). However, the court finds that the good faith exception applies, and the court … Continue reading

Posted in Cell phones, Good faith exception, Reasonableness, Warrant execution | Comments Off on D.Mass.: 15 month delay in getting SW for cell phone seized with PC was unreasonable, but GFE applies

CA10: 4A imposes no duty for officer to seek out a video to confirm PC officer already has

Before an officer files a criminal complaint, there is no constitutional duty to review potential video of the occurrence. The video here wasn’t quickly accessible to the officer. Here, there was probable cause and this other constitutional claim is not … Continue reading

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S.D.W.Va.: Stop of out-of-state vehicle for expired tags objectively reasonable despite Executive Order in other state extending time because of Covid

Defendant’s stop for expired tags in another state was objectively reasonable because the officer couldn’t have known that there was a Covid executive order extending the time to renew vehicle licenses in the other state. Maybe in the officer’s own … Continue reading

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CA10: Code enforcement officer coming to ptf’s door to talk to him didn’t violate curtilage

A city code enforcement officer who came to plaintiff’s door for a couple of minutes to attempt to talk to him about a sign code violation did not violate the curtilage. Clark v. City of Williamsburg, 2021 U.S. App. LEXIS … Continue reading

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The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges

The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges, by Med O’Connor (“Police and prosecutors routinely treat white domestic terrorists with kid gloves, but use the full force of the law … Continue reading

Posted in Arrest or entry on arrest, Pretext | Comments Off on The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges

CA6: Judge issuing SW isn’t barred from conducting trial

The Michigan state courts’ conclusion that the judge who issued a search warrant was not barred from hearing the trial was based on precedent, the judge didn’t remember the search warrant, and it is not an unreasonable application of existing … Continue reading

Posted in Neutral and detached magistrate, Unreasonable application / § 2254(d) | Comments Off on CA6: Judge issuing SW isn’t barred from conducting trial

D.Colo.: Hotel has no duty to protect guest from 4A violations, assuming there was one

An airline pilot nude in his room who was seen through the window doesn’t state a Fourth Amendment claim that the hotel had a duty to protect him from being seen by the public. Besides that, he doesn’t state any … Continue reading

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EFF: So-called “Consent Searches” Harm Our Digital Rights

EFF: So-called “Consent Searches” Harm Our Digital Rights by Adam Schwartz:

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TX11: No spousal privilege in recorded jail calls

Defendant’s jail calls to his wife were not privileged because he knew from the recording at the start of the call that it was being recorded. Newman v. State, 2021 Tex. App. LEXIS 293 (Tex. App. – Eastland Jan. 14, … Continue reading

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NPR: War On Terror Birthed Pentagon’s Automated Biometrics Identification System

NPR: War On Terror Birthed Pentagon’s Automated Biometrics Identification System by Steve Inskeep (“NPR’s Steve Inskeep talks to investigative reporter Annie Jacobsen, author of the new book, First Platoon, about how the U.S. has employed the use of biometric data … Continue reading

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