Author Archives: Hall

The Economist: How data-driven policing threatens human freedom

The Economist: How data-driven policing threatens human freedom An excerpt and interview with Andrew Ferguson, author of “The Rise of Big Data Policing”

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NYTimes: Apple to Close iPhone Security Hole That Law Enforcement Uses to Crack Devices

NYTimes: Apple to Close iPhone Security Hole That Law Enforcement Uses to Crack Devices by Jack Nicas: Apple has long positioned the iPhone as a secure device that only its owner can open. That has led to battles with law … Continue reading

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New Yorker: Why Do We Care So Much About Privacy?

New Yorker: Why Do We Care So Much About Privacy? by Louis Menand (magazine title: “Nowhere to Hide”): Big Tech wants to exploit our personal data, and the government wants to keep tabs on us. But “privacy” isn’t what’s really … Continue reading

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MO: Reading SW to def at execution is not “custodial interrogation”

Police entered defendant’s house with a search warrant. Defendant was handcuffed and the contents of the search warrant were read to her. Her responses were not custodial interrogation when she admitted where drugs were in the house. State v. Craig, … Continue reading

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S.D.N.Y.: Exclusionary rule doesn’t apply to revocation of supervised release

The exclusionary rule does not apply to revocation of supervised release proceedings. United States v. Hightower, 2018 U.S. Dist. LEXIS 98320 (S.D. N.Y. June 12, 2018). The renter of the rental car was in it, and he voluntarily consented to … Continue reading

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SC: Of course def didn’t intend to leave his cell phone at the scene of a burglary, but he did, and that’s still abandonment

Defendant lost his cell phone at the scene of a burglary. The court grants the fundamental premise that a cell phone has the “privacies of life,” but his unintentional abandonment of the phone doesn’t preclude the government from searching it … Continue reading

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CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

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NE: A pre-Birchfield warrantless blood draw would not be excluded under GFE

A blood draw that predated Birchfield was valid under the good faith exception. “Because the good faith exception applies, the district court erred in reversing Hatfield’s conviction.” State v. Hatfield, 300 Neb. 152 (June 8, 2018). Two controlled buys by … Continue reading

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S.D.Ill.: SW affidavit doesn’t have to be labeled one to be one

A search warrant affidavit doesn’t have to be headed “affidavit” to be one, and the attachments are considered sworn to if referred to in the body. The affidavit’s typo of having the 16th as the date of the offense when … Continue reading

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E.D.Ky.: Omission of exculpatory information is far less likely to be a Franks issue

Omission of exculpatory information is far less likely to be a Franks issue because (1) it doesn’t often matter and (2) it would lead to endless forays into what is exculpatory. Defendant fails to make a Franks preliminary showing. United … Continue reading

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N.D.Ga.: Declining to interact with an officer is not RS

Defendant’s declining to interact with the officer and trying to avoid him is not reasonable suspicion because people have a right to do that. United States v. Brown, 2018 U.S. Dist. LEXIS 97602 (N.D. Ga. May 10, 2018). Defendant abandoned … Continue reading

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E.D.N.Y.: QI not applied because it does protect those who knowingly violate constitutional rights

Law.com: “Deciding that qualified immunity has evolved to the point where it can protect police officers who intentionally flout constitutional rights, a federal judge in Brooklyn declined to grant it to four police officers who broke into a man’s house … Continue reading

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