Daily Archives: November 23, 2014

N.D.Ind.: “No harm, no foul” on no exclusion for illegal cell phone search mentioned

An officer involved in the case conducted an illegal warrantless, albeit limited, search of defendant’s cell phone, realized it was wrong, and then stopped and didn’t tell the case agent or anyone else what he’d done. Later, he “came clean” … Continue reading

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LA Times: Editorial: ACLU offers a smart safeguard for using surveillance technology [link to pdf added]

LA Times: Editorial: ACLU offers a smart safeguard for using surveillance technology The American Civil Liberties Union of California has produced a guide for communities on how to evaluate surveillance proposals and how to put in place security and civil … Continue reading

Posted in Surveillance technology | Comments Off on LA Times: Editorial: ACLU offers a smart safeguard for using surveillance technology [link to pdf added]

E.D.Mich.: Generally, absent owner of a car loaned to somebody else doesn’t have standing to challenge the stop and then search of the car

Generally, the absent owner of a car loaned to somebody else doesn’t have standing to challenge the stop and then search of the car. United States v. Gonzalez, 2014 U.S. Dist. LEXIS 162121 (E.D. Mich. November 19, 2014). Because of … Continue reading

Posted in Automobile exception, Plain view, feel, smell, Standing | Comments Off on E.D.Mich.: Generally, absent owner of a car loaned to somebody else doesn’t have standing to challenge the stop and then search of the car

TN: Cell phone could be seized with PC and exigency and SW then applied for

Defendant consented to show a video of the victim on his cell phone, and it was immediately obvious that the cell phone had evidence the police needed because the time of the recording contradicted several things the defendant said. They … Continue reading

Posted in Cell phones, Consent, Emergency / exigency | Comments Off on TN: Cell phone could be seized with PC and exigency and SW then applied for