Category Archives: Search

WaPo: The Volokh Conspiracy; Applying the Fourth Amendment to placing calls from a locked phone to identify its owner

WaPo: The Volokh Conspiracy: Applying the Fourth Amendment to placing calls from a locked phone to identify its owner by Orin Kerr:

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WA: FST is a seizure, but it is not a search under Fourth Amendment

Field sobriety test is a seizure, but it is not a search under Fourth Amendment or the more inclusive state constitution. State v. Mecham, 2016 Wash. LEXIS 695 (June 16, 2016):

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C.D.Ill.: Opening a flip phone to see the screen is a “search” under Hicks

Opening defendant’s flip phone to see the home screen is a search under Hicks. The phone was clearly seized under the Fourth Amendment. The government, however, showed probable cause for a search warrant for the phone, and that was independent … Continue reading

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CT: Photographing def’s body would not be a search

“In the present case, the police officers’ attempts to photograph the defendant did not constitute either an unreasonable search or compelled self-incrimination. Because the defendant had no fourth or fifth amendment right to refuse to be photographed, his noncooperation was … Continue reading

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IL: GJ subpoena for palm prints in cold case didn’t violate Fourth Amendment

A grand jury subpoena was used to get defendant’s palm prints while he was in prison in 2004 to see whether he was connected to a 1997 murder. The grand jury subpoena did not violate the Fourth Amendment or the … Continue reading

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SC: Reading a computer SN was a “search” under Hicks, but it was permitted under a valid probation search

Defendant was on probation and believed to be involved in a murder where a red widescreen Acer laptop was taken. Probation officers went to his house to talk to him with reasonable suspicion, and he was sitting there with a … Continue reading

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NJ: SW for def’s person made it reasonable to frisk him them move him elsewhere for the search of the person

Officers had a warrant to search defendant’s person and house. When they found him, they conducted a patdown and then moved him elsewhere for the more intrusive search. The second search was objectively reasonable under the warrant, and moving him … Continue reading

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CA3: Sexual advances in a gov’tal workplace are not a Fourth Amendment search or seizure

“While Fourth Amendment protections may extend to ‘[s]earches and seizures by government employers or supervisors,’ O’Connor v. Ortega, 480 U.S. 709, 715, 107 S. Ct. 1492, 94 L. Ed. 2d 714 (1987), we agree with the District Court that the … Continue reading

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W.D.N.Y.: A cell phone is an “instrumentality” of a drug crime; turning on a cell phone to see if it answers is not a “search”

Defendant’s 12 cell phones could be seized as instrumentalities of a drug crime under a search warrant. Calling a number the officers obtained during a wiretap to identify a phone was not an illegal search. Turning on the phones just … Continue reading

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Sputnik Int’l: FBI Moves Forward with Expansion of Hacking Powers Despite Privacy Concerns — Rule 41 change

Sputnik Int’l: FBI Moves Forward with Expansion of Hacking Powers Despite Privacy Concerns: Despite fears over privacy violations and constitutional conflicts, a change to an FBI procedural rule that would dramatically broaden their hacking powers has been quietly advanced after … Continue reading

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