Monthly Archives: October 2012

SC: Under SCA, an email read and kept on the email server is no longer in “electronic storage”

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W.D.Pa.: Momentary compliance with police with a brief show of hands and then flight is not a Fourth Amendment seizure

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M.D.Fla.: A safe in a vehicle subject to inventory can be forced opened

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TN: Specific date not required in affidavit for SW as long as recency can be ascertained from affidavit as a whole

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D.Kan.: “Evidence of a hidden compartment can alone give rise to probable cause to search a vehicle for contraband or arrest the driver of the vehicle.”

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NYTimes: “Student IDs That Track the Students” on school grounds

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D.Kan.: When is a knock-and-talk not consensual?

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CNS.com: “Privacy Evaporates in Twitter Cloud, OWS Says”

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AR: Pros’r subpoena appeared reasonable; Fourth Amendment argument not preserved

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Law.com: “Hacker Case Could Test Limits on Electronic Searches”

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Reason.com: “Warrantless Spying Skyrockets Under Obama”

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LA5: Pretextual stop had factual basis so it was lawful

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TX7: Cell phone could not be searched on booking; REP remains in phone

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OR: Asking for consent to a patdown does not unlawfully extend a stop

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OR: Defendant who saw police and dropped drugs was not seized

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Cal.1: Assuming putting a key in the door to test it is a “search,” it was reasonable

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IN: Odor of marijuana from car and chewing was PC

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CA9: Pineda-Moreno on remand post-Jones: Good faith enough

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NYTimes: “Judge Rules That Mass Arrests at a 2004 Protest Were Illegal”

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GA: Generalized assertions can’t support no-knock

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