Category Archives: Uncategorized

WaPo: All the ways Amazon’s home gadgets are spying on you

WaPo: All the ways Amazon’s home gadgets are spying on you by Geoffrey A. Fowler (“You may not realize all the ways Amazon is watching your home, your family and you.”). The title inside: Tour Amazon’s dream home, where every … Continue reading

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D.Minn.: Request for TRO against cell phone search denied; aside from the fact criminal investigations are almost never enjoined, nothing is shown here to justify even hearing it yet

Plaintiff’s claim that the government’s seizure of his cell phone should be enjoined and it should be returned is denied. There is no proof of service on anybody for the government. (1) There is no effort to comply with F.R.C.P. … Continue reading

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techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement

techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement by Tim Cushing:

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Working on a book manuscript

Will catch up soon

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techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment

techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment by Tim Cushing:

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NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions?

NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions? (“Because unpublished opinions aren’t precedential and don’t typically get reviewed by full courts, some court watchers worry that panels could use them to get their desired outcome in a particular case … Continue reading

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E.D.Tex.: Burden on defense to show GFE doesn’t apply

The good faith exception is determined before probable cause. If there is objective good faith, the rest doesn’t matter. The burden is on the defense to show the good faith exception doesn’t apply. United States v. Ledesma, 2022 U.S. Dist. … Continue reading

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N.-M.: Forum shopping rejected because USMJ also had jurisdiction over search warrant

NCIS presented a search authorization that a military judge later determined was likely lacking in the showing of probable cause. To remedy that, NCIS did a new affidavit for warrant and presented it to a USMJ also with potential jurisdiction … Continue reading

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USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming

USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming (“A review released this year of national police data gathered by the nonprofit Mapping Police Violence found police in the U.S. have … Continue reading

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Don’t take CP on a cash run

One search led to another. United States v. Orozco, 2022 U.S. App. LEXIS 20390 (4th Cir. July 25, 2022):

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W.D.Ky.: RS not required for knock-and-talk

Reasonable suspicion is not required for a knock-and-talk. United States v. Raley, 2022 U.S. Dist. LEXIS 128634 (W.D. Ky. July 20, 2022). The officer ran defendant’s LPN and it came back with “verify proof of insurance status.” That justified the … Continue reading

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D.N.M.: No return of seized phone of election denier lawyer

Plaintiff is a self-described “constitutional lawyer,” and his claim the search warrant for phone wasn’t particular enough or that he had a right to see the warrant to point out defects to the officer before execution is denied. It was; … Continue reading

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John Erlichman, President Nixon’s Domestic Policy Advisor:

The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or … Continue reading

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S.D.Fla.: Subject matter of search particularized it by time

The search warrant was particular and not overbroad. The subject matter of the investigation sufficiently limited the search even though time wasn’t otherwise specified. United States v. Hugger, 2022 U.S. Dist. LEXIS 123081 (S.D. Fla. July 12, 2022):

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CA11: No IAC; hypothetical motion to suppress would fail

Defense counsel wasn’t ineffective. The “hypothetical motion” to suppress would fail. Spriggs v. United States, 2022 U.S. App. LEXIS 17933 (11th Cir. June 29, 2022).* The rationale:

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KY: REP in CSLI

There is a reasonable expectation of privacy in one’s CSLI. One can have a reasonable expectation of privacy in his or her movements on public roads. Commonwealth v. Reed, 2022 Ky. LEXIS 132 (June 16, 2022):

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50th Anniversary of the Watergate break-in

50 years ago early this morning, the Watergate break-in occurred. And the rest is history. I was in the summer recess between being a 2L and 3L, probably already in summer classes. I studied for the bar exam to be … Continue reading

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ATL: Federal Judge Just Doesn’t Feel Like Reading The Fifth Circuit’s Cases

And here, the defendant won on the search issue: ATL: Federal Judge Just Doesn’t Feel Like Reading The Fifth Circuit’s Cases by Kathryn Rubino (“Is this the most relatable a federal judge has ever been?”) discussing United States v. McKinney, … Continue reading

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Bloomberg Tax: Congress’ Crypto Reporting Rules Draw Constitutional Challenge

Bloomberg Tax: Congress’ Crypto Reporting Rules Draw Constitutional Challenge (June 11, 2022) COURT: E.D. Ky.DOCKET: No. 5:22-cv-00149 (Bloomberg Law subscription)JUDGE: Karen K. Caldwell (Bloomberg Law subscription)

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CNS: Can police secretly spy on your home without a warrant? The First Circuit doesn’t know

CNS: Can police secretly spy on your home without a warrant? The First Circuit doesn’t know by Thomas F. Harrison:

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