Category Archives: Uncategorized

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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D.Neb.: A child locked in a basement while a party was going on upstairs was exigency

A concerned citizen called the police to report a small child was locked in his neighbor’s basement, and there was a party going on in the house. When police got there they entered without a warrant based on exigency. United … Continue reading

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CNN: Robert Kraft wants video of day spa session to be kept out of trial

CNN: Robert Kraft wants video of day spa session to be kept out of trial by Steve Almasy:

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WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show

WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show by Devlin Barrett, Matt Zapotosky and Rosalind S. Helderman:

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E.D.Cal.: Product of a search is inadmissible in an extradition proceeding to send def to Mexico for murder trial

Mexico seeks defendant’s extradition for murder. Defendant seeks to use the product of a search warrant to show that he might not have been involved in the murder. Mexico shows sufficient evidence to extradite, and this proceeding is not to … Continue reading

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D.Minn.: Def made a proper showing for a Rule 17(c) subpoena for discovery for his unique 4A claim

Defendant has made a prima facie case to get a Rule 17(c) subpoena for evidence for his suppression hearing. His suppression theory is unique, but not frivolous, so the court is going to grant leeway to permit discovery. United States … Continue reading

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N.D.Ohio: Discovery of IP search software not permitted under Rule 16 after suppression denied; it won’t be coming up at trial

Defendant doesn’t get discovery of the Freenet software used to search for defendant’s IP address under the theory it might expose a problem with the search. This is really an attempt to inject the legality of the search into the … Continue reading

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16th anniversary of this blog; 258th anniversary of Otis’ argument in Paxton’s Case

Today is the 16th anniversary of this blog. Today is also the 258th anniversary of James Otis’ 1761 argument at the Boston Old State House against the writs of assistance in Paxton’s Case. Transcripts of the argument are here. (It … Continue reading

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Darwin Award nominee

Facebook posts eight days after a home invasion robbery show the defendants wearing the victims’ stolen Rolex and other jewelry including a unique gold coin necklace and handling the guns used in the robbery. The videos were not more prejudicial … Continue reading

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NY3: Def counsel was ineffective for not objecting to SW affidavit coming into evidence full of inadmissible informant hearsay

Defendant proved ineffective assistance of counsel from defense counsel’s failure to object to the search warrant application coming into evidence full of informant hearsay that wasn’t admissible in the case in chief. People v. Newman, 2019 NY Slip Op 01263, … Continue reading

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