Daily Archives: February 18, 2015

Jurist: Why Collection of Arrestee DNA Violates the Fourth Amendment

Jurist: Why Collection of Arrestee DNA Violates the Fourth Amendment by Christen Giannaros: The twelfth author in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Giannaros discusses the Fourth Amendment rights violations implicit … Continue reading

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New American: Patriot Act’s Illegal Section 215 due to Expire June 1

New American: Patriot Act’s Illegal Section 215 due to Expire June 1 by Bob Adelmann: Section 215 of the Patriot Act is set to expire June 1, and each side in the upcoming battle to renew, reform, or let expire … Continue reading

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WaPo: No cell phone warrants without search protocols, magistrate judge rules

WaPo: No cell phone warrants without search protocols, magistrate judge rules by Orin Kerr: The Fourth Amendment requires a warrant for the police to search a phone. But can a judge reject a warrant application because it does not tell … Continue reading

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Bloomberg: Obama Drone Policy Gives FBI Leeway to Decide What’s Private

Bloomberg: Obama Drone Policy Gives FBI Leeway to Decide What’s Private by Alan Levin: The White House’s attempt to set privacy policies for government agencies using drones doesn’t go far enough for civil-liberties advocates in the U.S….While the White House … Continue reading

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NM: The “new crime” exception to the exclusionary rule does not apply to identity-related offenses; it would to violent crimes

Defendant was a passenger in a car stopped without reasonable suspicion, and he had no seatbelt on. He gave a false name and signed the ticket with the false name. That was forgery. The new crime is suppressed because it … Continue reading

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D.Mass.: Trying def’s key in his girlfriend’s apartment door violated curtilage

The use of his key in the door to see if it worked violated the apartment’s curtilage under Dunn and Jardines. Defendant’s girlfriend’s apartment was the target of this search because he’d been staying there. He proved he was often … Continue reading

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CA11: Automobile exception applied, so Gant argument moot

Defendant’s Gant almost hypertechnical search incident argument fails because the automobile exception applied in any event, so the search was good. United States v. Alston, 2015 U.S. App. LEXIS 2367 (11th Cir. February 17, 2015). Officers in Memphis were saturating … Continue reading

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W.D.N.Y.: Franks challenge to search warrant for house fails for lack of material omission

“The charges against Moran arise from an assault that occurred on May 31, 2006, and its alleged relationship to the Hell’s Angels Motorcycle Club, Rochester Charter (‘Hell’s Angels’), a purported enterprise within the meaning of the racketeering statute.” After an … Continue reading

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MO: PC lacking and SW was stale, but GFE exception saves it anyway

The affidavit for the search warrant here failed for two reasons. First, it failed to show a substantial basis for finding probable cause from two informants’ information that was not properly corroborated [although later court says they kind of corroborate … Continue reading

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N.D.Ga.: No IAC where def counsel didn’t argue nonbinding authority that likely wouldn’t be followed in this circuit

Defense counsel was not ineffective for not arguing a case from out of the circuit that would likely not be followed in this circuit. “Had counsel argued under precedent from other circuits that charges of child molestation did not justify … Continue reading

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