Category Archives: Uncategorized

The Verge: Privacy advocate held at gunpoint after license plate reader mistake, lawsuit alleges

The Verge: Privacy advocate held at gunpoint after license plate reader mistake, lawsuit alleges by Colin Lecher:

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W.D.Wash.: State’s response to a public records request wasn’t a search of plaintiff’s records

The state’s responding to a legitimate public records request under state law did not conduct a Fourth Amendment search of plaintiff’s records that came within its purview. Dalessio v. Univ. of Wash., 2019 U.S. Dist. LEXIS 21907 (W.D. Wash. Feb. … Continue reading

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Reason.com: The Cops Were the Aggressors in This Week’s Deadly Houston Drug Raid

Reason.com: The Cops Were the Aggressors in This Week’s Deadly Houston Drug Raid by Jacob Sullum: Even if Dennis Tuttle and Rhogena Nicholas were selling heroin out of their house, the government’s violent response cannot be morally justified.

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N.D.Ind.: It’s settled one can’t relitigate merits of 4A claim via 2254 habeas

This 2254 is merely an attempt to relitigate his Fourth Amendment claim in habeas, and thus it’s barred. “In his traverse, Thomas has not argued or attempted to demonstrate that there was a subversion of the hearing process in state … Continue reading

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CA9: The federal appropriation statute against prosecution in MMJ cases is not an immunity from SW

In the face of the state’s medical marijuana law, the search warrant for defendant’s property was based on federal law not state law. The federal appropriations clause against prosecution in medical marijuana cases is not immunity. “The two cases that … Continue reading

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CA5: 9 day delay in getting SW for cell phone wasn’t unreasonable

The search warrant reasonably authorized seizure of defendant’s cell phone but not its search. The nine day delay in getting the search warrant for the phone was not unreasonable. The court declines to adopt a bright line rule and goes … Continue reading

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D.Minn.: Interesting application of “clearly established law” prong of 2254(d) and a state court’s resolution of a search claim

As Orin Kerr would say: This is for habeas nerds: An interesting and straight-forward application of the alleged violation of the “clearly established law” prong of 2254(d) and a state court’s resolution of a search claim is Horst v. Roy, … Continue reading

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Lexology: Recent rulings indicate Fifth Amendment may join Fourth Amendment as critical consideration in courts’ efforts to apply constitutional protections to smartphones and other new technology

Lexology: Recent rulings indicate Fifth Amendment may join Fourth Amendment as critical consideration in courts’ efforts to apply constitutional protections to smartphones and other new technology by Brian Willett

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ABAJ: How to redact a PDF and protect your clients

ABAJ: How to redact a PDF and protect your clients by Jason Tashea:

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Two on successor habeas petitions with search claims

Alleged withheld information of a Franks nature that undermines the search and defendant’s guilty plea was still barred as a successor petition. United States v. Hayes, 2019 U.S. Dist. LEXIS 1516 (W.D. Va. Jan. 4, 2019).* Petitioner’s search claim was … Continue reading

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Treatise on sale through 1/2

Book (all Lexis books, apparently) on sale for 31% off through 1/2 midnight PT.

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TN: Implied consent law doesn’t violate right to a warrant under religious liberty

Defendant’s sovereign citizen claim the state DUI implied consent violated his religious liberty without a warrant and right to travel is rejected. How does religion figure into it? State v. Simmons, 2018 Tenn. App. LEXIS 755 (Dec. 21, 2018).* Sovereign … Continue reading

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