Author Archives: Hall

ZDNet: US cell carriers are selling access to your real-time phone location data

ZDNet: US cell carriers are selling access to your real-time phone location data by Zack Whittaker: LocationSmart, a California-based technology company, is one of a handful of so-called data aggregators. It claimed to have ‘direct connections’ to cell carrier networks … Continue reading

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CA9: Search of car could not be sustained as inventory since there was an admitted-evidence gathering motive

The inventory here was to conduct a criminal search of the car, and it is suppressed. Officers timed the arrest when defendant was in the car [allegedly] to minimize safety concerns. They admittedly were searching for criminal evidence, and not … Continue reading

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E.D.Mich.: Def was essentially and admittedly an “innocent bystander” at the place searched and had no standing

This defendant had no standing in the condo that was searched under a search warrant. He produced nothing to show that he had any connection to the property or was a guest with a connection to the premises, even an … Continue reading

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Daily Beast: Justices Thomas and Gorsuch Just Hinted They Would End Privacy as We Know It

Daily Beast: Justices Thomas and Gorsuch Just Hinted They Would End Privacy as We Know It by Jay Michaelson: President Trump’s addition to the Supreme Court sides with the bench’s ‘originalist’—and it has terrifying implications for your rights. Because privacy … Continue reading

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SCOTUS: The driver of a rental car not on the contract may have a REP in the car

The driver of a rental car not listed on the contract may have a reasonable exception of privacy in the car Byrd v. United States, 2018 U.S. LEXIS 2803 (May 14, 2018). Syllabus:

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Washington City Paper: Civil Rights and Activist Groups Sue Bowser Over Stop-and-Frisk Data Collection

Washington City Paper: Civil Rights and Activist Groups Sue Bowser Over Stop-and-Frisk Data Collection by Matt Cohen: ACLU-DC, Black Lives Matter D.C., and the Stop Police Terror Project D.C. want the mayor and MPD to comply with the two-year-old law.

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E.D.Mich.: No IAC where suppression motion wouldn’t be granted

Defense counsel wasn’t ineffective for not moving to suppress cell phone records in 2014 because that motion would not be granted. United States v. Scott, 2018 U.S. Dist. LEXIS 78666 (E.D. Mich. May 10, 2018).* The CI’s information was corroborated … Continue reading

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NPRL: Body Camera Maker Weighs Adding Facial Recognition Technology

NPRL: Body Camera Maker Weighs Adding Facial Recognition Technology by Ian Wren: The largest supplier of law enforcement body cameras in the U.S. is exploring pairing its cameras with new AI capabilities — including real-time face recognition.

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E.D.Mich.: Motion to suppress cell phone SW1 led to issuance of SW2, and SW2 was legally sufficient

Defendant’s cell phone was properly seized incident to his arrest. It was later searched with “search warrant 1.” When the defense filed a motion to suppress, the government got “search warrant 2” which was legally sufficient. United States v. Bailey, … Continue reading

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FL4: Knock-and-talk can’t go to side door of outbuilding

The prior owner’s consent three years earlier couldn’t be attributable to defendant. [Yes, officers really said they believed that it could.] A knock-and-talk that progressed to another building within the fencing violated curtilage and the limits on knock-and-talk. Osorio v. … Continue reading

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AK: Refusal of consent can be used against def if state can show case-specific relevance

Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 … Continue reading

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NY3: Smell and smoke from working meth lab in garage was exigency

The officer pulled into defendant’s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, … Continue reading

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