Daily Archives: October 3, 2016

WaPo: Why Apple can be forced to turn logs of your iMessage contacts over to police

WaPo: Why Apple can be forced to turn logs of your iMessage contacts over to police by Andrea Peterson: When a user sends someone a message through Apple’s iMessage feature, Apple encrypts that message between Apple devices so that only … Continue reading

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FISCR: There is a foreign intelligence exception to the warrant requirement going back to the 1970’s

There is a foreign intelligence exception to the warrant requirement going back to the 1970’s. Moreover, the trap and trace here only gathers numbers not content, and that’s reasonable under the Fourth Amendment. In re Certified Question of Law, 2016 … Continue reading

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CA2: Even if individual violations of probation conditions weren’t RS, on totality they were

Even if any one of the violations of conditions of release wasn’t reasonable suspicion, collectively they were. A cell phone picture showed him with a handgun in hand saying “I need bullets,” and he was convicted of being a felon … Continue reading

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OH10: Request for consent at end of traffic stop requires RS

The traffic stop was valid, but the request for consent at the end of the stop required reasonable suspicion. “Thus, because Officer Hughes sought appellant’s consent to conduct a search following the completion of the stop and absent any reasonable … Continue reading

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VI: Despite MJ decrim, smell of MJ in a car is still a factor in RS

VI decriminalization doesn’t mean the smell of marijuana can’t still be reasonable suspicion of possession of a larger amount or potentially driving under the influence. People v. Cannergeiter, 2016 V.I. LEXIS 148 (Sept. 28, 2016):

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