Category Archives: Privileges

The Hill: Does your district attorney have access to your medical records?

The Hill: Does your district attorney have access to your medical records? by David Siegel: The latest attempts to criminalize women’s health care will demand that every Alabaman woman share their medical records with their local district attorney. Sound fishy?

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Conservative HQ: Obama-Appointed Judge Allows Democrats To Subpoena Trump Business Records [a 2019 political take on the third-party doctrine]; opinion

Conservative HQ: Obama-Appointed Judge Allows Democrats To Subpoena Trump Business Records. In a ruling that should chill the heart of every American who values his Fourth Amendment rights, Obama-appointed DC District Court Judge Amit Mehta has refused to quash a … Continue reading

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Observer: NJ Supreme Court Will Determine Whether Cops Can Force You to Unlock Your Mobile Device

Observer: NJ Supreme Court Will Determine Whether Cops Can Force You to Unlock Your Mobile Device by Donald Scarinci:

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D.Conn.: Nexus shown by def going home after three controlled buys

Nexus and probable cause are shown to defendant’s house by the fact he went back to his house from three controlled buys. United States v. Stewart, 2019 U.S. Dist. LEXIS 78376 (D. Conn. May 9, 2019). Having pled guilty to … Continue reading

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D.Idaho: Forced use of fingerprint biometric to unlock a smartphone violates 5A

The district court granted the initial search warrant based on the showing of probable cause, but then it denied a second application to force the owner to open it. The compelled use of biometrics to unlock the phone violates the … Continue reading

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NJLJ: Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide

NJLJ: Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide by Suzette Parmley:

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Just Security: Split Over Compelled Decryption Deepens With Massachusetts Case

Just Security: Split Over Compelled Decryption Deepens With Massachusetts Case by Michael Price and Zach Simonetti:

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N.D.Cal.: Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a SW exceeded the scope of the warrant

Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a search warrant exceeded the scope of the warrant. United States v. Maffei, 2019 U.S. Dist. LEXIS 70314 (N.D. Cal. Apr. 26, … Continue reading

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N.D.Ohio: State searches can make federal cases; Younger doesn’t work in reverse

Federal courts can get jurisdiction to try cases involving searches conducted by state officers. This isn’t Younger v. Harris in reverse. Green v. United States, 2019 U.S. Dist. LEXIS 70988 (N.D. Ohio Apr. 27, 2019). A warrant for drug rehab … Continue reading

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DE: Jail cell seizure of trial and A-C privileged materials requires disqualification of entire prosecution team; dismissal order reversed

Prosecutors ordered a prison cell search of a murder defendant’s cell, and legal materials and trial strategy materials were seized. It started with a search to see if a protective order was violated, but it ended up being quite broad. … Continue reading

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MN: A blood sample in a lab is not “information” within the physician-patient privilege statute

A blood sample in a lab is not “information” within the physician-patient privilege statute. The state sought a search warrant for the blood sample. State v. Atwood, 2019 Minn. LEXIS 122 (Mar. 13, 2019). “[B]y the time Defendant complied with … Continue reading

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ABAJ: Compelled-password decision is ‘death knell’ for Fifth Amendment, state justice argues

ABAJ: Compelled-password decision is ‘death knell’ for Fifth Amendment, state justice argues by Debra Cassens Weiss:

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