Daily Archives: April 14, 2011

New book: Surveillance or Security? The Risks Posed by New Wiretapping Technologies

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N.D.Iowa: Objectively reasonable mistake that defendant was person named in warrant validated seizure

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TX8: Stop for riding a bicycle without a helmet justified search incident

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NM: Probation officers’ presence was pretext for criminal search

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NM: There was no reasonable expectation of privacy in jail calls, so admission in evidence did not violate constitution or any statute

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NM: Nighttime search rule is really important, but it didn’t apply where the house was cleared and warrant arrived at night

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CA4: Franks motion failed after hearing; misstatement was negligent at worst, and PC anyway

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VA: Corroborated tip that defendant had warrants was enough to stop him

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CA3: Daughter’s complaint of sex abuse to police was PC for arrest foreclosing civil case, even if officers should have inquired further

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OH8: Dispatch report of stolen car supported stop in good faith, and, under Herring, the evidence should not be excluded

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OH2: 911 hang up call and no answer at door was exigency

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D.N.M.: Stepfather lacked actual authority to consent, but had apparent authority

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TN: SI that occurred without arrest was invalid

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CA1: Passenger’s statement there was a compartment with drugs and a gun was PC for search

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CA4: Being under prior investigation for drugs adds nothing to reasonable suspicion

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D.P.R.: While Senate had not approved of a treaty, the President’s Executive Order authorized stop 24 miles off-shore

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WI: Failure to object to comment about refusal to consent was IAC

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WA: Granting deference to the warrant, the affidavit was sufficient as to showing time

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FL1: TSA’s random opening of luggage to swab for explosives was reasonable, and it found child pornography

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CA10: Waiver of probable cause for issuance of warrant in the district court not subject to plain error appellate review

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