Monthly Archives: August 2012

E.D.N.C.: Search of iPhone in another jurisdiction under SW not a Fourth Amendment violation

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arstechnica.com: “Court ruling that NSA spying violated 4th Amendment remains secret”

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Wired.com: “We Don’t Need No Stinking Warrant: The Disturbing, Unchecked Rise of the Administrative Subpoena”

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Volokh Conspiracy: “Can Magistrate Judges Deny Statutory Surveillance Orders Based on Prospective Fourth Amendment Concerns?”

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New law review article: “Florence, Atwater & The Erosion of Fourth Amendment Protections for Arrestees”

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OH last week

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CA5: Applying three factors on whether consent was an independent act of free will

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TN: Warrantless arrest in doorway didn’t violate Payton; citizen-informant with a prior was still creditable

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S.D.W.Va.: No IAC in waiving appeal of search issue that couldn’t be won

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W.D.N.Y.: Where PC was a close call, good faith exception applied

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D.Ore.: State proceedings over same search established PC for federal warrant

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Salt Lake Trib: Snoop-wary Texans rebel against new ‘smart meters’

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N-M: Four hour search incident in sex assault investigation unreasonable

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UT: Defendant was let go after a stop in a store, and his Catch-22 that if he went to his car he would be arrested is not the government’s problem

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TX4: State didn’t call officer and relied on his report and failed in its burden of proving exigency

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MD adopts motel manager terminating REP in motel room

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CA7: Defendant didn’t show that his failure to be called as a witness at his suppression hearing would have changed the outcome, in light of the video

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CA11: Wife who left house after an argument could still consent to search

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CA11: Unmistakable sound of operation of gun justified entry and sweep

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S.D.Fla.: Knock-and-talk of convicted felon’s house after his frisk revealed gun in plain view, and warrantless entry justified

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