Daily Archives: July 8, 2014

WaPo: Meet Jason Westcott, your latest, needless, inexcusable drug war casualty

WaPo: Meet Jason Westcott, your latest, needless, inexcusable drug war casualty by Radley Balko: Add another body to the drug war pile. From the Tampa Bay Times, here is the story of the death of Jason Westcott. A man who … Continue reading

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D.D.C.: Closet in small apartment was proper subject of a protective sweep

A closet was the proper subject of a protective sweep during a warranted arrest in a small apartment. It took defendant a while to answer the door, and there was a noise from the closet. Buie specifically recognizes this. United … Continue reading

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Law360: High Court Is Swinging Pendulum Back On 4th Amendment

Law360: High Court Is Swinging Pendulum Back On 4th Amendment Law360, New York (July 08, 2014, 10:44 AM ET) — Fourth Amendment law is anything but static. If one surveys the jurisprudential landscape over the last 50 years, there are … Continue reading

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W.D.Ky.: Casual visitor had no apparent authority to consent, and he wasn’t even asked what his connection was

Merely answering the door isn’t enough to be asked for consent. This guy was a casual visitor, he had no actual authority to consent, and the police made no effort to determine his apparent authority. If they asked, it would … Continue reading

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E.D.Tenn.: Protective sweep invalid

Defendant was arrested outside and asked to go inside to get warm. They all sat in the kitchen. There was no reason for one officer to decide to walk through the rest of the house because there was no proffered … Continue reading

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N.D.Ga., S.D.Tex. & DE: Waiving a motion to suppress for strategic reasons was valid

Not filing a suppression motion was a valid strategic choice discussed on the record at the time it was waived with the USMJ. United States v. Latimore, 2014 U.S. Dist. LEXIS 91777 (N.D. Ga. May 29, 2014); United States v. … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off on N.D.Ga., S.D.Tex. & DE: Waiving a motion to suppress for strategic reasons was valid

New Law Review Article: The Legality of the National Security Agency’s Bulk Data Surveillance Programs

The Legality of the National Security Agency’s Bulk Data Surveillance Programs, John Yoo, 37 Harv. J.L. & Pub. Pol’y 901 (2014). Abstract:

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