Daily Archives: September 21, 2014

NLJ: LEADS Act Would Limit Access to Data Stored Abroad

NJL: LEADS Act Would Limit Access to Data Stored Abroad: Sen. Orrin Hatch, R-Utah, and two of his Senate colleagues have delivered a morale boost to Microsoft Corp. in its battle against U.S. search warrants for user information stored overseas, … Continue reading

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NYTimes: Omnipresence: I’ll Be Watching You

NYTimes: Omnipresence: I’ll Be Watching You by Stephen Farrell: In the projects of Brownsville, Brooklyn, the New York Police Department’s new strategy, Omnipresence, is what it says. Despite promises of change, to some it feels like stop and frisk by … Continue reading

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PA: Nighttime entry onto the curtilage and then into the home for a stolen firearm wasn’t justified by exigency

Nighttime entry onto the curtilage and then into the home for a stolen firearm wasn’t justified by exigency. Suppression ordered. Commonwealth v. Bowmaster, 2014 PA Super 199, 2014 Pa. Super. LEXIS 2906 (September 17, 2014):

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KY: Cell phone was “pinged” because of missing kids but they were found; def’s location to arrest not suppressed

Defendant’s children were missing and his wife was murdered, and he was a suspect. Police got an exigent circumstances “ping” authority for 48 hours on his phone under the SCA. 18 U.S.C. § 2702(b-c). The phone was off and the … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Good faith exception, Search incident | Comments Off on KY: Cell phone was “pinged” because of missing kids but they were found; def’s location to arrest not suppressed

N.D.Iowa: Dirty license plate justified stop even though it was called in during stop

Defendant’s stop for having a dirty obscured license plate was justified even though the officer was able to call it in when parked right behind him. The butt of a shotgun was visible in the vehicle and defendant was a … Continue reading

Posted in Ineffective assistance, Inventory, Private search, Reasonable suspicion | Comments Off on N.D.Iowa: Dirty license plate justified stop even though it was called in during stop

OH12: Putting somebody in the back of a police car and Mirandizing them isn’t automatically an arrest

Putting somebody in the back of a police car and Mirandizing them isn’t automatically an arrest. State v. Babineau, 2014-Ohio-3999, 2014 Ohio App. LEXIS 3902 (12th Dist. September 15, 2014) A jury’s verdict of $250 for a stop for touching … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on OH12: Putting somebody in the back of a police car and Mirandizing them isn’t automatically an arrest