Category Archives: Privileges

CA4: USMJ must review law firm’s seized privileged materials, not USAO’s “filter team”

Two days after oral argument on a law firm’s appeal that a USMJ reviewed privileged materials seized from the firm by search warrant and not the USAO’s “filter team,” the Fourth Circuit orders the Magistrate to do it pending issuance … Continue reading

Posted in Privileges, Warrant execution | Comments Off on CA4: USMJ must review law firm’s seized privileged materials, not USAO’s “filter team”

WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers by Tim Prudente:

Posted in E-mail, Privileges | Comments Off on WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

Courthouse News Service: Fourth Circuit Takes Up Secretive Raid on Law Firm

Courthouse News Service: Fourth Circuit Takes Up Secretive Raid on Law Firm by Brad Kutner:

Posted in Privileges | Comments Off on Courthouse News Service: Fourth Circuit Takes Up Secretive Raid on Law Firm

N.D.Cal.: Compelled use of fingerprint to open cell phone not testimonial

The court at first declined to sign a search warrant for a cell phone that compelled use of a fingerprint to unlock it. After further submissions from the USAO and the FPD as invited amicus, the court concludes that a … Continue reading

Posted in Cell phones, Privileges, Warrant execution | Comments Off on N.D.Cal.: Compelled use of fingerprint to open cell phone not testimonial

FL5: Existence of SW for BAC record in hospital overcame supboena without notice in violation of statute

Defendant’s BAC level was obtain by subpoena without notice contrary to statute, but they were also obtained by search warrant so they would not be suppressed. The search warrant was particular enough. Dinkins v. State, 2019 Fla. App. LEXIS 12923 … Continue reading

Posted in Privileges, Reasonable expectation of privacy | Comments Off on FL5: Existence of SW for BAC record in hospital overcame supboena without notice in violation of statute

CNS: Final Warrant Targeting Journalist Deemed Illegal by Judge

Courthouse News Service: Final Warrant Targeting Journalist Deemed Illegal by Judge by Nicholas Iovino:

Posted in Privileges | Comments Off on CNS: Final Warrant Targeting Journalist Deemed Illegal by Judge

D.Kan.: USAO in Kansas in contempt for handling litigation over recording attorney-client jail calls

Not a Fourth Amendment case at this point of the litigation, but extremely interesting to everybody in the criminal justice system, including jailers, is United States v. Carter, 2019 U.S. Dist. LEXIS 137728 (D. Kan. Aug. 13, 2019), where there … Continue reading

Posted in Prison and jail searches, Privileges | Comments Off on D.Kan.: USAO in Kansas in contempt for handling litigation over recording attorney-client jail calls

S.D.N.Y.: Seizure of 21 privileged documents out of 1.3M wasn’t a 4A or privilege violation

The government seized 1.3M documents, and 21 apparently were privileged. This doesn’t show that the government was willful disregarding the warrant or the need to protect privileged materials. His iPhone and laptop were properly seized by plain view then subjected … Continue reading

Posted in Overseizure, Privileges | Comments Off on S.D.N.Y.: Seizure of 21 privileged documents out of 1.3M wasn’t a 4A or privilege violation

Courthouse News Service: Journalist’s Phone Data Was Used to Justify Home, Office Raids

Courthouse News Service: Journalist’s Phone Data Was Used to Justify Home, Office Raids by Nicholas Iovino: Police used records of a journalist’s private communications with a confidential source, obtained by a now-quashed search warrant, to secure permission to raid the … Continue reading

Posted in Privileges | Comments Off on Courthouse News Service: Journalist’s Phone Data Was Used to Justify Home, Office Raids

CA4: Def’s unlocking cell phone without sharing passcode was not communicative act

The officer who had defendant’s cell phone asked her to unlock it. She entered the passcode without sharing it or him seeing her do it. It wasn’t a communicative act. It’s like providing a key. Her motion to suppress the … Continue reading

Posted in Cell phones, Overseizure, Privileges | Comments Off on CA4: Def’s unlocking cell phone without sharing passcode was not communicative act

WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know.

WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know. By Tim Maurer and Garrett Hinck: And so do governments around the world.

Posted in Privileges, Surveillance technology | Comments Off on WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know.

D.Idaho: Def can be forced to use finger on Touch ID feature to open phone

The USMJ denied an order to compel the target to use the “Touch ID” feature of his cell phone to open it. On appeal to the USDJ, surveying the cases, the court orders the target to use his finger because … Continue reading

Posted in Cell phones, Privileges | Comments Off on D.Idaho: Def can be forced to use finger on Touch ID feature to open phone