Category Archives: Uncategorized

WaPo: The House just voted to wipe out the FCC’s landmark Internet privacy protections | Money more important than privacy

WaPo: The House just voted to wipe out the FCC’s landmark Internet privacy protections by Brian Fung: House Republicans voted overwhelmingly Tuesday, by a margin of 215-205, to repeal a set of landmark privacy protections for Web users, issuing a … Continue reading

Posted in Uncategorized | Comments Off

KS: State is bound by prior suppression ruling when it dismisses and refiles

The evidence was suppressed, and the state appealed and it was affirmed. They dismissed and refiled later. The prior ruling was “law of the case,” and the state is bound by it. State v. Parry, 2017 Kan. LEXIS 116 (March … Continue reading

Posted in Uncategorized | Comments Off

SCOTUS: Manuel v. City of Joliet: Pretrial detention is governed by the Fourth Amendment, especially when the probable cause for detention is on fabricated evidence

Manuel v. City of Joliet, 2017 U.S. LEXIS 2021 (U.S. March 21, 2017). SCOTUSBlog: Opinion analysis: The Fourth Amendment governs unlawful pretrial detention claims even after legal process begins; everything else is remanded by Rory Little Syllabus:

Posted in Uncategorized | Comments Off

S.D.Ala.: RS supported stop of defs’ boat in international waters; scuttling a sinking ship after full investigation not spoliation of evidence

The government showed reasonable suspicion to believe that defendants’ ship was engaged in drug smuggling when it was seen again off the Colombian coast heading to the U.S. along a known smuggling route. The USCG elected to scuttle the boat … Continue reading

Posted in Uncategorized | Comments Off

CA10: Habeas appellant had full and fair opportunity to litigate in state court, and evidence supported verdict

Under Stone v. Powell, defendant had a full and fair opportunity to litigate that he was the right person arrested even though he didn’t match the description of the person wanted. The finding of guilty survives AEDPA review under Jackson … Continue reading

Posted in Uncategorized | Comments Off

LA4: Calling police to a dead body in your home and then letting them in is consent

“Defendant called the police to report that he found his friend dead in the residence. The call was dispatched as an unclassified death. Det. Gex was the only responding police officer who testified. He arrived at the scene between 8:00 … Continue reading

Posted in Uncategorized | Comments Off

New Book: H-Net, The Fourth Amendment in an Age of Surveillance

New Book: H-Net, The Fourth Amendment in an Age of Surveillance by David C. Gray Publisher: Cambridge University Press Publication Date: 4/30/2017

Posted in Uncategorized | Comments Off

D.Ariz.: SI valid for open container violation

Defendant was stopped by a tribal officer for speeding. He smelled of alcohol, and there were apparent minors in the car. The officer had defendant get out of the car and two open containers were seen. A search incident to … Continue reading

Posted in Uncategorized | Comments Off

D.Alaska: Handcuffing def to take to FBI office for interview an arrest, no matter what the policy says

Handcuffing the defendant and transporting him to the FBI office was an arrest under Kaupp v. Texas. The fact that’s policy is irrelevant. “The fact that it is FBI policy to handcuff defendants being transported in FBI vehicles is irrelevant. … Continue reading

Posted in Uncategorized | Comments Off

Today is the 14th anniversary of this blog and the 256th of the argument in Paxton’s case, the Writs of Assistance case

See prior posts starting here: February 24, 1761, Old State House in Boston, second floor. The argument here. About 20,000 posts, which is 3.9 per day. I can’t give the real number because this is the third platform, and some … Continue reading

Posted in Uncategorized | Comments Off