Monthly Archives: September 2011

FL1 declines to follow Ohio’s Smith and finds that cell phone is subject to search incident as a “container”

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CA8: Cell phone is “computer” for 18 U.S.C. § 1030 purposes

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D.Neb.: Computer searches: Finding files with the same hash value as known child pornography is PC without opening the files

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M.D.Ga.: Merely having key and access to a relative’s house doesn’t give standing

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E.D.Wis.: Demonstrably intoxicated defendant could consent to a search

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YouTube: “Judge Alex Kozinski on Digital Privacy and Fourth Amendment Rights in the 21st Century”

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D.Conn.: “Fellow officer rule” permits relying on email attachments from the fellow officer

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D.Neb.: Defendant handcuffed in backseat of police car yelling to mother not to consent was a denial of consent under Randolph

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S.D.N.Y.: While there was no probable cause of nexus to defendant’s house, the good faith exception still saves this search

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N.D.Iowa: Standing by watching a search and not objecting is an important factor in consent

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N.D.Ohio: No law dictates a search happen at the target’s convenience

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N.D.Ga.: No reasonable expectation of privacy in checked baggage on airline

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WNYC: “Police Commissioner Calls on NYPD to Stop Improper Marijuana Arrests”

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NYT: “Borough President Seeks Limits on Stop-and-Frisk”

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“Warrantless Location Tracking Threatens Fourth Amendment Says Former Law Enforcement and Legal Experts”

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CNN.com: “California bill would ban warrantless cell phone searches”

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D.Ariz.: Failure to disclose fact ICE conducted a brief computer search finding no child porn was not a Franks violation where FBI didn’t know about it

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Warrants for entire servers?

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Salon.com: “Dennis G. Jacobs: Case study in judicial pathology”

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WSJ: “‘Stingray’ Phone Tracker Fuels Constitutional Clash”

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