Daily Archives: April 17, 2015

NPR: Boston Marathon Surveillance Raises Privacy Concerns Long After Bombing

NPR: Boston Marathon Surveillance Raises Privacy Concerns Long After Bombing: Nearly a million people will line the streets to watch the Boston Marathon on Monday, and someone else will be watching them. Bill Ridge with the Boston Police says video … Continue reading

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E.D.La.: A power co. had standing to challenge overbroad subpoenas at a gov’t audit

A power company stated an injury-in-fact for standing to contest the agency’s action on, inter alia, Fourth Amendment grounds that its request for production of records in an audit constituted a likely Fourth Amendment violation for an overbroad or oppressive … Continue reading

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D.Ariz.: When a SW expires before execution, a new affidavit is not required if timeliness can still be met

The first search warrant in defendant’s child pornography case expired when it wasn’t timely served, so another was sought on the same affidavit. While staleness is always a potential issue, there is no mandatory requirement that a new affidavit be … Continue reading

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D.Ariz.: There is standing in a borrowed cell phone; no justification here for search

Defendant’s denial of ownership of a cell phone in his car was not determinative of his standing to challenge its search. Actually, he was loaned the phone because his was broken, and he was legitimately in possession. The question posed … Continue reading

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TN: An RV parked off the property but connected by an electrical cord to the house was subject to search under a warrant for the house

To search vehicles under a search warrant for real property, the vehicles must belong to a person named in the warrant to identify the place or things to be searched. Vehicles belonging to visitors are not subject to search under … Continue reading

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PA: Fourth Amendment applies to mental commitment proceedings

The Fourth Amendment applies in mental commitment proceedings, and there must be probable cause for the seizure of the person the state seeks to commit. The fact that the criminal rules don’t apply to these proceedings does not mean that … Continue reading

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