Daily Archives: February 11, 2015

MN: The search incident doctrine permits a breathalyzer test in a DUI case, so a refusal charge doesn’t violate a fundamental right

The search incident doctrine permits a breathalyzer test in a DUI case. Thus, a refusal charge doesn’t violate a fundamental right. State v. Bernard, 2015 Minn. LEXIS 46 (February 11, 2015) (5-2):

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BBC: Jeffrey Sterling’s trial by metadata

BBC: Jeffrey Sterling’s trial by metadata: When a Washington, DC, area jury convicted Jeffrey Sterling of multiple counts of espionage, the smoking gun wasn’t a key bit of classified information found in the former CIA officer’s possession; it was a … Continue reading

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Marshall Project: Our Body-Cams, Ourselves

Marshall Project: Our Body-Cams, Ourselves by Clare Sestanovich: Now that police are always on, who gets to watch? In the wake of the Michael Brown shooting last summer, broad (and rare) consensus emerged in support of a tangible reform to … Continue reading

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Just Security: Surveillance and the Vanishing Right to Know

Just Security: Surveillance and the Vanishing Right to Know by Brett Max Kaufman & Patrick C. Toomey: Despite the continuing torrent of disclosures concerning previously secret and wide-ranging government surveillance efforts, many criminal defendants are not getting notice of the … Continue reading

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Texas Lawyer: Lawyers Score Win in Recorded Jail Calls Lawsuit

Texas Lawyer: Lawyers Score Win in Recorded Jail Calls Lawsuit by Angela Morris: Four Austin criminal defense lawyers and two advocacy groups scored a win in their lawsuit that alleged that lawyers’ confidential phone calls with incarcerated clients are being … Continue reading

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Slate: The Chief Justice Has Never Been Pulled Over in His Life

Slate: The Chief Justice Has Never Been Pulled Over in His Life by Cristian Farias Why John Roberts’ naiveté matters to anyone who cares about policing. And judging from how oral arguments in Rodriguez played out, you have reason to … Continue reading

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MO: Disturbing the peace arrest supports a search incident of shopping bag[!]

Officers had probable cause to arrest defendant for disturbing the police for shouting profanities at the police within earshot of children, and the observers were appalled and startled by it all. The search incident of his plastic shopping bag was … Continue reading

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D.Kan.: Defendants voluntarily extended the traffic stop

Defendants were stopped in a rental car after pulling off to avoid a ruse checkpoint sign, and then they failed to stop at a stop sign. The officer’s statement to keep their hands in view was not coercive and did … Continue reading

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S.D.Tex.: Border Patrol agents failed to show consent to a backscatter x-ray was given at secondary inspection

Defendant consented to a drug dog sniff at the secondary inspection area, but Border Patrol agents failed to show consent to a backscatter x-ray was given. United States v. Hernandez, 2015 U.S. Dist. LEXIS 15687 (S.D.Tex. February 10, 2015): Defendants … Continue reading

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Ripon Advance: Electronic Communications Privacy bill gains new ally

Ripon Advance: Electronic Communications Privacy bill gains new ally: U.S. Rep. Reid Ribble (R-WI) said on Monday that he has joined the effort to pass House Bill 699, also known as the Electronic Communications Privacy Amendments Act, which aims to … Continue reading

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W.D.Mo.: PC and scope of search are matters usually decided on the papers without a hearing

If the question is probable cause for and scope of the warrant, a hearing is not really required. Here, the subject matter was contraband untaxed cigarettes moved interstate, and there was a substantial basis for issuing the search warrant. The … Continue reading

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New Samsung TVs eavesdrop via microphone in remote

It’s for voice recognition for controlling the TV set, but Samsung admits that third-parties can intercept. And some have facial recognition. TechCrunch: Today In Creepy Privacy Policies, Samsung’s Eavesdropping TV Daily Mail (UK): Samsung warns viewers: Our smart TVs could … Continue reading

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WaPo: Undercover Facebook investigations and the federal/state divide

WaPo: Undercover Facebook investigations and the federal/state divide — a response to David Post by Orin Kerr: In an earlier post, co-blogger David Post pointed to a state trial court ruling in Montana, for which he was an expert for … Continue reading

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