Category Archives: Uncategorized

OR: Global plea agreement to dispose of 40 charges from a crime spree wasn’t IAC where no motions to suppress were shown plausible and plea clearly favored defendant

After becoming addicted to opiods for treatment from a injury, defendant went on a crime spree committing over 40 offenses. His attorney worked out a favorable global resolution of the case. Once in the pen, with buyer’s remorse, defendant decided … Continue reading

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CA6: Habeas claim was truly 4A based and barred by Stone v. Powell

2254 petitioner’s habeas claim was based solely on the Fourth Amendment and wasn’t at all a due process claim as he says. Thus, it’s bared by Stone v. Powell, and the COA is denied. Hoffman v. Harris, 2017 U.S. App. … Continue reading

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Recorder: DOJ: Google Won’t Fight New Warrants for Overseas Data

Recorder: DOJ: Google Won’t Fight New Warrants for Overseas Data by Ben Hancock The development marks a reversal of the company’s legal strategy on the issue of law enforcement access to data stored abroad.

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CA9: “What is probable cause?” “What do you want it to be?”

Under the totality of circumstances, there was probable cause to search defendant’s truck under the automobile exception. Judge Kozinski dissents, finding nothing remotely approaching probable cause and finding this a dangerous case for the citizenry. United States v. Faagai, 2017 … Continue reading

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The Hill: Motel 6: We aren’t sending customer lists to ICE anymore

The Hill: Motel 6: We aren’t sending customer lists to ICE anymore\ by John Bowden Motel 6 announced it will stop sending customer lists to Immigration and Customs Enforcement (ICE) on Wednesday after its corporate office was made aware of the … Continue reading

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Well, something’s wrong, but the answer is*:

All the posts since 8/29 disappeared since 9 am. I made ten today. Just gone. Update: Remember we were down two days? A new version of WordPress, and on new server with better security. The information is available on the … Continue reading

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CA2: Inconclusive x-ray by SW for body-packing drugs didn’t dissipate the PC for the SW

Defendant was arrested with probable cause, which he concedes, and officers got a search warrant for x-rays to see if he had drugs hidden in his body (“body packing”). After the x-ray was inconclusive, defendant was detained longer. The probable … Continue reading

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IN: Even if frisk was unreasonable, defs’ assault on officers wasn’t excludable

Defendants committed battery on police officer, a new crime, even if the frisk of the person was illegal, it’s the new crime is not excludable. K.C. v. State, 2017 Ind. App. LEXIS 387 (Sept. 8, 2017). The timeline belied exigency … Continue reading

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S.D.Cal.: RS was too close a call, and, if the court doesn’t suppress, anybody could be stopped

Reasonable suspicion was a close call, but not enough to justify the stop. If the court doesn’t suppress, everything might end up as reasonable suspicion. United States v. Aguilera, 2017 U.S. Dist. LEXIS 145199 (S.D. Cal. Sept. 7, 2017)*:

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WaPo: How Silicon Valley is erasing your individuality

WaPo: How Silicon Valley is erasing your individuality by Franklin Foer:

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