Daily Archives: July 9, 2015

NYTimes: Some New York Police Street Stops Are Going Undocumented, Report Says

NYTimes: Some New York Police Street Stops Are Going Undocumented, Report Says by J. David Goodman and Al Baker: Some New York City police officers are stopping people for questioning but not documenting the encounters as required, calling into question … Continue reading

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NYTimes: The Illusion of a Liberal Supreme Court

NYTimes: The Illusion of a Liberal Supreme Court by Linda Greenhouse: For one, brief shining moment — that is to say, last week — there was a liberal Roberts court.

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USA Today: New privacy debate focuses on government access to emails, texts, calls

USA Today: New privacy debate focuses on government access to emails, texts, calls by Erin Kelly: Now that Congress has ended the National Security Agency’s controversial dragnet of Americans’ phone records, privacy advocates are pushing to curb a lesser-known surveillance … Continue reading

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WaPo: Los Angeles v. Patel and the constitutional structure of judicial review

WaPo: Los Angeles v. Patel and the constitutional structure of judicial review by Nicholas Quinn Rosenkranz: Lost in the shuffle of Supreme Court commentary last week was Los Angeles v. Patel, a case that is ostensibly about unreasonable searches under … Continue reading

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WaPo: Radley Balko’s ‘The Watch’ Blog: Documents show excessive use of Massachusetts SWAT teams

WaPo: Radley Balko’s ‘The Watch’ Blog: Documents show excessive use of Massachusetts SWAT teams: SWAT teams were once used only in emergency situations, when lives were in immediate danger. That is, they were primarily used to protect civilians. Today, they’re … Continue reading

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W.D.Va.: Def consented but withdrew it; search unreasonable

Despite defendant’s claim that he didn’t speak much English at all, being Russian speaking Ukranian, the court finds consent valid based on gestures on the video where his voice was largely inaudible. However, he clearly withdrew consent and told the … Continue reading

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TN: Def’s consent to look at cell phone for suicide threat text messages was not violated when officer opened up a folder looking for deleted TMs

The record supports the conclusion that, on the totality, defendant consented to a search of his phone for text messages about a suicide threat. The messages were gone, and the officer went to a folder looking for them and found … Continue reading

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IN: Car’s GPS device protected under Riley; SW required

A vehicle’s GPS device is not a container subject to search under the automobile exception. It contains personal data, and it is akin to a cell phone, and a warrant is required under Riley. Wertz v. State, 2015 Ind. App. … Continue reading

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OH11: Quarles public safety exception for firearms did not apply where def no threat

The Quarles public safety exception for firearms did not permit a search of defendant’s car for a gun. He was outside his car, said he had a conceal carry permit and the gun was in the console, and officers searched … Continue reading

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HuffPo: Predicting Predictive Policing in NYC

HuffPo: Predicting Predictive Policing in NYC by Andrew Guthrie Ferguson: One year ago — almost to the day — I predicted that the New York Police Department (NYPD) would adopt predictive policing technologies to shift focus away from the challenged … Continue reading

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