Category Archives: Uncategorized

CA11: Petr’s successor habeas claim for new evidence of a 4A violation doesn’t show actual innocence

“Petroff asserts that each of his claims rely on ‘the same newly discovered evidence.’ However, Petroff does not appear to actually describe what the new evidence he has obtained is at any point. Moreover, Petroff’s central argument appears to be … Continue reading

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CNN: Judge orders public release of Michael Cohen search warrants

CNN: Judge orders public release of Michael Cohen search warrants by Katelyn Polantz & Kate Sullivan:

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Anthony G. Amsterdam’s legendary Perspectives on the Fourth Amendment (1974) finally available online for free, after 45 years

Anthony G. Amsterdam, Perspectives on the Fourth Amendment, 58 Minn. L. Rev. 848 (1974).

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American Enterprise Institute: Would privacy legislation actually improve people’s privacy?

American Enterprise Institute: Would privacy legislation actually improve people’s privacy? by Jim Harper: The likelihood of federal privacy legislation has waxed and waned many times over the last two decades. It’s presently in a waxing phase, so it’s worth reviewing … Continue reading

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LATimes: Weed smuggling arrests at LAX have surged 166% since marijuana legalization

LATimes: Weed smuggling arrests at LAX have surged 166% since marijuana legalization by Joseph Serna: Emboldened by legalization and facing only light punishment if captured, more and more smugglers are taking to the friendly skies in an effort to escape … Continue reading

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Three on waiver

2255 petitioner’s claim that his Fourth Amendment rights were violated was waived by his unconditional plea. His claim defense counsel was ineffective was conclusory. On the merits, the search warrant was constitutionally particular. Buford v. United States, 2019 U.S. Dist. … Continue reading

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D.Mass.: Airbnb has REP in nonpublic usage data for its rentals

“The Court finds Airbnb has a reasonable expectation of privacy in the nonpublic usage data for its listings—especially when paired with additional information such as the location of the unit—and that the City cannot lawfully require disclosure of that information … Continue reading

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S.D.Fla.: Lack of Miranda warning had no effect on search

Defendant’s Miranda rights were violated, but it had no effect on the search. United States v. McAdams, 2019 U.S. Dist. LEXIS 71772 (S.D. Fla. Apr. 14, 2019).* Defendant wasn’t in custody at the time of his statement. Thomason v. State, … Continue reading

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Detroit Free Press: Federal judge, civil rights icon Damon Keith dies at age 96

Detroit Free Press: Federal judge, civil rights icon Damon Keith dies at age 96 by Cassandra Spratling & David Ashenfelter Other story:

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National Law Review: Sixth Circuit Amends “Chalking” Decision to Clarify Scope

National Law Review: Sixth Circuit Amends “Chalking” Decision to Clarify Scope

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KS: When welfare check showed no issues, it was unreasonable to run def’s DL

Officers encountered defendant for a welfare check. When it was obvious he was not in need of any help, it was unreasonable to keep his DL and run it for warrants. Strieff does not apply. State v. Manwarren, 2019 Kan. … Continue reading

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The Future of Privacy Law, Yale Law Journal (collection)

The Future of Privacy Law, Yale Law Journal, Vol. 128 (Apr. 1, 2019): Rapid technological change has led some to question whether modern Fourth Amendment doctrine appropriately protects individual privacy. This Collection considers that question across four domains: warrantless electronic … Continue reading

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