Daily Archives: July 7, 2014

New Law Review Article: Watching Me: The War on Crime, Privacy, and the State

Watching Me: The War on Crime, Privacy, and the State, Kimberly D. Bailey, 47 U.C. Davis L. Rev. 1539 (2014). Abstract:

Posted in Reasonable expectation of privacy | Comments Off on New Law Review Article: Watching Me: The War on Crime, Privacy, and the State

OR: Smell of MJ around three men was RS as to all

Smell of marijuana around three men was reasonable suspicion as to all. “Defendant argues that, because Ploghoft only detected the odor of marijuana in the vicinity of the men, and could not trace it to defendant in particular, that was … Continue reading

Posted in Reasonable suspicion | Comments Off on OR: Smell of MJ around three men was RS as to all

KC Star: Question of electronic privacy on Missouri’s August ballot

KC Star: Question of electronic privacy on Missouri’s August ballot by Caroline Baumanthe: Many Missouri lawmakers think an amendment on the Aug. 5 ballot will bring privacy protection in the state into the 21st Century. Amendment 9 would change the … Continue reading

Posted in Cell phones, E-mail, ECPA | Comments Off on KC Star: Question of electronic privacy on Missouri’s August ballot

E.D.Tenn.: No reasonable expectation of privacy in the contents of a telephone call with an informant who’s recording it

There is no reasonable expectation of privacy in the contents of a telephone call with an informant who’s recording it. United States v. Deleon, 2014 U.S. Dist. LEXIS 90856 (E.D. Tenn. May 23, 2014):

Posted in Reasonable expectation of privacy, Uncategorized | Comments Off on E.D.Tenn.: No reasonable expectation of privacy in the contents of a telephone call with an informant who’s recording it

FL: Color discrepancy in DMV record not enough for a stop

A color discrepancy from DMV on a vehicle alone is not a basis for a stop. Here, the car was bright green and DMV showed it to be blue. That’s not enough. State v. Van Teamer, 151 So. 3d 421 … Continue reading

Posted in Reasonable suspicion | Comments Off on FL: Color discrepancy in DMV record not enough for a stop

SC: Lifetime GPS monitoring of sex offender on parole might be unreasonable, but later

Defendant was convicted of a sex offense with a child, and he was ordered to be GPS monitored for life. GPS monitoring is a reasonable condition, but lifetime monitoring may not be. He can, however, raise that issue periodically with … Continue reading

Posted in Cell phones, Consent, GPS / Tracking Data, Probation / Parole search | Comments Off on SC: Lifetime GPS monitoring of sex offender on parole might be unreasonable, but later

N.D.Ga.: Whatever time is “reasonable” for a stop, the clock restarts when consent is granted

The stop was of reasonable duration before consent was sought. “Once Jaramillo consented to the search of the Tahoe, ‘the clock re-started for purposes of evaluating the reasonableness of the duration of the intrusion.’ Hernandez, 418 F.3d at 1210 (citation … Continue reading

Posted in Consent, Ineffective assistance, Reasonable suspicion | Comments Off on N.D.Ga.: Whatever time is “reasonable” for a stop, the clock restarts when consent is granted

E.D.Ky.: Question is PC for a stop, not whether the defendant actually violated the law

The stop was valid. “Whether Flores actually violated the law is immaterial. The question is only whether Deputy Broce had probable cause to suspect that Flores was committing a traffic violation.” The officer could ask defendant to produce what created … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off on E.D.Ky.: Question is PC for a stop, not whether the defendant actually violated the law