Category Archives: Privileges

IN: Def couldn’t be held in contempt for refusing to unlock cell phone pleading 5A

“When Katelin Seo was placed under arrest, law enforcement took her iPhone believing it contained incriminating evidence. A detective got a warrant to search the smartphone, but he couldn’t get into the locked device without Seo’s assistance. So the detective … Continue reading

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techdirt: On The Same Day The FBI Claimed No Vendor Could Crack IPhones, Another Way To Crack IPhones Made The News

techdirt: On The Same Day The FBI Claimed No Vendor Could Crack IPhones, Another Way To Crack IPhones Made The News by Tim Cushing:

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Chattanooga Times Free Press: State health department gives names, addresses of Tennesseans with COVID-19 to law enforcement

Chattanooga Times Free Press: State health department gives names, addresses of Tennesseans with COVID-19 to law enforcement by Anita Wadhwani (“The Tennessee Department of Health is providing the names and addresses of residents who test positive for COVID-19 to sheriffs … Continue reading

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CT: Dismissal not appropriate remedy here for violation of A-C privilege in execution of SW

Defendant did not show that all the documents seized were attorney-client privileged for purposes of litigation. Some were. However, dismissal is not the appropriate remedy, despite the fact privileged information made it into the media from the arrest warrant materials. … Continue reading

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E.D.Wash.: Seizure of e-mails between def and lawyer prior to adversary proceedings didn’t violate 6A

The seizure of defendant’s emails between him and his lawyer didn’t violate the Sixth Amendment when adversary proceedings had not yet begun – defendant wasn’t indicted for more than a year later. United States v. Smith, 2020 U.S. Dist. LEXIS … Continue reading

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IL: Flight from gunshots is not RS

Defendant’s flight into his house on hearing gunshots was not reasonable suspicion to give chase or probable cause to enter the house to arrest him. Anybody would flee gunshots. People v. Craine, 2020 IL App (1st) 163403, 2020 Ill. App. … Continue reading

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FL2: Direct contempt for refusing to provide passcode for cell phone search reversed; out-of-court evidence couldn’t be considered

Defendant was held in contempt and sentenced to five months and 29 days for refusing to provide the passcode for his cell phone so it could be searched under a warrant. “However, whether a finding of contempt could have been … Continue reading

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GA: Failure to bring up record of suppression hearing held instead in a connected case was waiver

Defendant was charged under indictment 1 and had a suppression hearing. He was reindicted in indictment 2 and went to trial in that case. When he appealed, the record of conviction under indictment 2 came up for appeal and no … Continue reading

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ABAJ: Inmate wins [pretrial] release after jail recorded hundreds of attorney-client calls

ABAJ: Inmate wins release after jail recorded hundreds of attorney-client calls by Stephanie Francis Ward:

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TX14: Client had standing to object to seizure of her files from her attorney’s office for his misapplication of her fee into trust account

A search warrant was executed on a divorce lawyer’s office for some client files after a $75,000 retainer was paid into the IOLTA account which had a -$49,000 balance. The district court erred in holding the client had no standing … Continue reading

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W.D.N.Y.: Getting def to unlock his phone wasn’t unreasonable because the SIM card would have been forensically searched later anyway

It was reasonable for POs to search defendant’s unapproved cell phone without a search warrant as a probation search. Making him use his face or get the password to unlock the phone was not unreasonable because the contents of the … Continue reading

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NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration

NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration (“‘End-to-end encryption’ has gone mainstream, which means tech companies can’t decrypt messages even when law enforcement has a warrant. The Trump administration says that’s taking privacy too far.”)

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SSRN: Decryption Originalism: The Lessons of Burr

SSRN: Decryption Originalism: The Lessons of Burr by Orin S. Kerr. Abstract:

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CA3: Civil contempt for failing to provide password to computers and other devices for search was limited to 18 months

Petitioner has been held for three years for civil contempt for failure to provide encryption data for his computer and other devices so they could be searched under a warrant. The punishment for civil contempt can’t exceed the life of … Continue reading

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MI: Civil discovery must comply with the 4A; here a cell phone search

Civil discovery must comply with the Fourth Amendment. Here, there was an order to turn over a cell phone for forensic evaluation, and it was essentially based on probable cause. Attorney-client privilege must also be protected. Martin v. Martin, 2020 … Continue reading

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Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules

Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules by Brendan Parets:

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