Category Archives: Reasonable expectation of privacy

D.S.D.: General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective”

General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective.” United States v. Bruce, 2018 U.S. Dist. LEXIS 7387 (D.S.D. Jan 17, 2018). “Although the affidavit in the instant case could have provided more information … Continue reading

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Condé Nast Traveler: Why Hotel ‘Do Not Disturb’ Signs Are Disappearing

Condé Nast Traveler: Why Hotel ‘Do Not Disturb’ Signs Are Disappearing by Mark Ellwood Your right to sleeping in may come second to some bigger issues.

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D.N.J.: SEC didn’t violate Model Rule 4.4(a) when it obtained SW production from USAO

“For instance, the SEC did not ‘violate [Avalon's] legal rights’ when it ‘obtain[ed] evidence’ from the [USAO of the] DNJ that the DNJ had in turn obtained through a court-issued search warrant. Rule 4.4(a). As described above, when it accepted … Continue reading

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Anchorage Daily News: State admits recording jail conversations between defense lawyers and clients

Anchorage Daily News: State admits recording jail conversations between defense lawyers and clients by Lisa Demer: For four years, a tucked-away monitoring system in a certain visitation room at the Anchorage jail recorded conversations between attorneys and their clients – … Continue reading

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CA5: Forgoing license check not unreasonable under Rodriguez where investigation is proceeding apace

“Burcham’s argument based on Rodriguez v. United States, 135 S.Ct. 1609 (2015), is unavailing. Rodriguez is distinguishable; the district court did not err in finding that Jenkins’s decision to extend the stop was justified by additional reasonable suspicion developed from … Continue reading

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OH8: Drug dog on scene while ticket being written caused no additional detention

Defendant’s stop was with reasonable suspicion based on corroborated informant hearsay. “Because the police were still in the process of writing the traffic ticket when the canine arrived and conducted the sniff, and thus the stop was not unlawfully extended.” … Continue reading

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MyNewsLA.com: Apartment building owners sue LA over rent stabilization, argue ordinance hurts tenants

MyNewsLA.com: Apartment building owners sue LA over rent stabilization, argue ordinance hurts tenants by Toni McAllister:

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WA: Shareholder or officer of closely held corp has no personal privacy interest in corporate records under state constitution

“Paul Chase, shareholder and principal officer of Red Leaf Construction Inc., appeals the trial court’s partial denial of his motion to suppress Red Leaf’s bank records. A commissioner of this court granted discretionary review. We consider, as a matter of … Continue reading

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D.Minn.: No REP in inmate calls of civilly committed sexual psychopath

Defendant was civilly committed as a sexual psychopathic person. It has been held that such inmates have the same rights as a pretrial detainee. Beaulieu v. Ludeman, 690 F.3d 1017, 1028 (8th Cir. 2012). Here, defendant signed a notice of … Continue reading

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PA: Telling computer repair person to move files to a new hard drive was a waiver of REP

Defendant essentially waived his reasonable expectation of privacy in his computer hard drive when he took it in for repair, was told that the hard drive was failing and he needed a new one, and then directed them to move … Continue reading

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MD: Third person added to a jail call after the warning of recording didn’t violate state wiretap law

Adding a third person to a jail call after the initial recording was played saying that calls were recorded was not a wilful interception of that person’s call under the state wiretap act. The only other state to deal with … Continue reading

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IN: Officers jumping over a locked gate to investigate a noise complaint was unreasonable under Indiana Constitution

Defendant was at a conservation club he was a member of, and, during a party at the club, members were shooting at a pizza box made into a target. Because it was a weeknight and late, a neighbor was disturbed … Continue reading

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