Daily Archives: July 6, 2015

HuffPo: Will the Coming ‘Internet of Things’ Mean the Death of Privacy?

HuffPo: Will the Coming ‘Internet of Things’ Mean the Death of Privacy? by Vivek Wadhwa:

Posted in Surveillance technology | Comments Off on HuffPo: Will the Coming ‘Internet of Things’ Mean the Death of Privacy?

W.D.Va.: Def made a colorable claim that his indictment was based on an illegal search, so he gets early discovery of GJ materials

Defendant made a colorable claim that his indictment was based on an illegal search. Therefore, he is entitled to early discovery of the grand jury transcripts in an effort to prove that despite Calandra. United States v. Patiutka, 2015 U.S. … Continue reading

Posted in Reasonable suspicion | Comments Off on W.D.Va.: Def made a colorable claim that his indictment was based on an illegal search, so he gets early discovery of GJ materials

CA3: Def was stopped, and without reasonable suspicion, as officers advanced on him; the fact he took two steps back was still submission

There was no reasonable suspicion for defendant’s stop. The fact he backed up a couple of steps as officers advanced on him was not flight. “In sum, we hold that Lowe submitted to the officers’ authority by staying put in … Continue reading

Posted in Uncategorized | Comments Off on CA3: Def was stopped, and without reasonable suspicion, as officers advanced on him; the fact he took two steps back was still submission

CA7: Backpack search for a weapon wasn’t justified; govt’s alternative theory was waived below

The search of defendant’s backpack wasn’t justified under any legal theory because there was neither probable cause nor reasonable suspicion for the detention. He and his companion were handcuffed behind their backs, and officer safety was no longer an issue. … Continue reading

Posted in Burden of proof, Stop and frisk | Comments Off on CA7: Backpack search for a weapon wasn’t justified; govt’s alternative theory was waived below