Daily Archives: July 1, 2014

D.Kan.: Standard govt cell phone search protocol violates particularity requirement and results in a general search

And it begins: What is the scope of Riley? When I was interviewed by the NYT last week about Riley, I mentioned that particularity was going to be the next real issue in cell phone searches, but that didn’t end … Continue reading

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CA5: Border Patrol agent could be sued in federal court for shooting a kid across the border in Mexico

A Border Patrol agent in El Paso shot and killed a young man in Mexico who was playing with his friend, running down and touching the border fence and running back. The friend was lucky and captured; Hernandez was shot … Continue reading

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ACLU: STINGRAYS: The Most Common Surveillance Tool the Government Won’t Tell You About (Download)

ACLU of No. Cal.: STINGRAYS: The Most Common Surveillance Tool the Government Won’t Tell You About Download: Stingrays: The Most Common Surveillance Tool the Government Won’t Tell You About: Federal and state law enforcement entities across the country are using … Continue reading

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WaPo: Officials release data on ‘backdoor’ searches

WaPo: Officials release data on ‘backdoor’ searches by Ellen Nakashima: The FBI conducts a “substantial” number of warrantless queries for Americans’ e-mails and phone calls in a special database of intercepted communications, but it does not track exactly how often, … Continue reading

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D.N.H.: Bail conditions can permit otherwise illegal searches of the person; same as parole search

Officers had reasonable suspicion to conduct a patdown of the defendant. Even if they didn’t, a bail condition of his would have permitted it. United States v. Drane, 2014 U.S. Dist. LEXIS 88729 (D. N.H. June 30, 2014):

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NM adopts Greenwood dissents and finds a reasonable expectation of privacy in trash out for collection

New Mexico adopts the Greenwood dissent and holds that there is a reasonable expectation of privacy in trash left out for collection in an opaque bag, even in a communal dumpster. City ordinances on trash collection help create the expectation … Continue reading

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