Daily Archives: May 10, 2015

KS statute tracks Chimel on search incident, and cell phone search was unreasonable (even before Riley was decided)

Defendant was stopped for a headlight being out in 2009. He ended up getting arrested and handcuffed for an open container and then possession of marijuana. The officer got his cell phone and scrolled through it asking about drug transactions. … Continue reading

Posted in Cell phones, Search incident | Comments Off on KS statute tracks Chimel on search incident, and cell phone search was unreasonable (even before Riley was decided)

EFF Case Analysis: Appeals Court Rules NSA Phone Records Dragnet is Illegal

EFF Case Analysis: Appeals Court Rules NSA Phone Records Dragnet is Illegal by Andrew Crocker: We now have the first decision from a court of appeals on the NSA’s mass surveillance program involving bulk collection of telephone records under Section … Continue reading

Posted in FISA, National security | Comments Off on EFF Case Analysis: Appeals Court Rules NSA Phone Records Dragnet is Illegal

MA: Any objective facts of domestic violence inside on a 911 call supports entry

There is weighty interest of the state in preventing and prosecuting domestic violence. Accordingly, the court almost comes out and says that police get the benefit of the doubt for a warrantless entry under the emergency aid exception if any … Continue reading

Posted in Emergency / exigency | Comments Off on MA: Any objective facts of domestic violence inside on a 911 call supports entry

FL2: A glass pipe in the pocket was subject to plain feel

A glass pipe in the pocket was subject to plain feel. Conyers v. State, 2015 Fla. App. LEXIS 6681 (Fla. 2d DCA May 6, 2015). In isolation, defendant’s actions were likely innocent, but collectively they added up to reasonable suspicion. … Continue reading

Posted in Uncategorized | Comments Off on FL2: A glass pipe in the pocket was subject to plain feel