Monthly Archives: January 2017

Reason: Trump Nominates Neil Gorsuch to the Supreme Court; Fourth Amendment?

Reason: Trump Nominates Neil Gorsuch to the Supreme Court by Damon Root: Gorsuch has also rejected pro-government deference in the Fourth Amendment context. For instance, in his 2016 dissent in United States v. Carloss, Gorsuch strongly objected to the majority’s … Continue reading

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NACDL gets grant to fund NACDL Fourth Amendment Center

Letter from NACDL Past President Gerry Morris of Austin, Texas today, in part: I am pleased to report that the Foundation for Criminal Justice has received a significant new grant from the John D. and Catherine T. MacArthur Foundation. The … Continue reading

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CA9: ATF officer’s SW affidavit said dealers of illegal drugs and guns often use cell phones showed nexus; recording phone’s SN at book-in wasn’t unreasonable

Noting in the affidavit for search warrant that defendant was allegedly involved in drug and gun sales and that drug dealers regularly use cell phones was enough to get a search warrant for his cell phones contents. Recording the serial … Continue reading

Posted in Cell phones, Nexus | Comments Off on CA9: ATF officer’s SW affidavit said dealers of illegal drugs and guns often use cell phones showed nexus; recording phone’s SN at book-in wasn’t unreasonable

DE: Just being involved in a shooting doesn’t give nexus to search a cell phone

The state here failed to show nexus between defendant’s cell phone and a shooting incident. In addition, the search warrant lacked all particularity — it sought to search three cell phones for data and calls without time limit or scope. … Continue reading

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ID: Driving on a suspended DL supports a search incident of the person

The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. State v. Lee, 2017 Ida. App. … Continue reading

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SSRN: Government Lawyers in the Trump Administration

SSRN: Government Lawyers in the Trump Administration by W. Bradley Wendel of Cornell University School of Law, posted today. Abstract: The words and actions of candidate, President-Elect, and now President Donald Trump indicate that this Administration will aggressively seek to … Continue reading

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Talk Business: GPS technology benefits used car industry, privacy concerns remain

Talk Business: GPS technology benefits used car industry, privacy concerns remain; used car sales to rise in 2017 by Jeff Della Rosa

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CDT: President Trump Should Continue Justice Scalia’s First & Fourth Amendment Legacy

CDT: President Trump Should Continue Justice Scalia’s First & Fourth Amendment Legacy by Lisa Hayes. But he won’t. He has no knowledge of Scalia’s legacy other than what he’s told. There’s a different agenda at play (Roe v. Wade). Maybe … Continue reading

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The Hill: Fourth Circuit shreds civil liberties for public gun carry

The Hill: Fourth Circuit shreds civil liberties for public gun carry by E. Gregory Wallace: Should a person forfeit certain constitutional rights just because he or she chooses to carry a firearm lawfully in public? That’s exactly what a federal … Continue reading

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CA3: Disavowal of cell phone in car was a waiver of standing

The search of the call log on the cell phone in the car defendant was driving a year before Riley was valid. He also disavowed the cell phone and lacks standing. United States v. Monestime, 2017 U.S. App. LEXIS 1501 … Continue reading

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CA8: Smell of MJ from car was PC

Defendant was stopped for no license plate and weaving. When the window came down, the smell of marijuana was apparent. The driver appeared under the influence. The passenger became agitated, and that confirmed to the officer he was too. A … Continue reading

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KY: SW moots consent argument

Officers entered defendant’s home to secure a firearm and then returned with a search warrant. Defendant’s consent argument is moot. Lundy v. Commonwealth, 2017 Ky. App. LEXIS 22 (Jan. 27, 2017). The court properly overruled defendant’s motion to suppress a … Continue reading

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PA: Warrantless blood draw of unconscious def after car wreck was reasonable

A warrantless blood draw was permissible where defendant was unconscious at the scene of an accident and unconscious through the blood draw at the hospital. Commonwealth v. March, 2017 PA Super 18, 2017 Pa. Super. LEXIS 46 (Jan. 26, 2017). … Continue reading

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OH5: MJ grow in back yard visible from next door permitted officers to come to house to inquire

Defendant’s back porch was not curtilage. [Wrong! It is. We’ll just pretend the court didn’t say that.] Marijuana growing in the back yard was visible from the next door neighbor’s property, and that brought the officers to the house to … Continue reading

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IA: Two finding defective inventory due to police investigative motive

“In any event, it is clear that Officer Carter failed to remove the license plates and registration receipt before impounding the car. Because the officer overlooked the legislatively imposed requirements for the impoundment, it appears he was motivated solely by … Continue reading

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Pro Publica: Texas Panel on Wrongful Convictions Calls for Ending Use of Unverified Drug Field Tests

Pro Publica: Texas Panel on Wrongful Convictions Calls for Ending Use of Unverified Drug Field Tests by Ryan Gabrielson: A commission established by lawmakers to help end the conviction of the innocent says field tests are too unreliable to be … Continue reading

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NYTimes: Family DNA Searches Seen as Crime-Solving Tool, and Intrusion on Rights

NYTimes: Family DNA Searches Seen as Crime-Solving Tool, and Intrusion on Rights by Eli Rosenberg: An unsolved Queens killing has led to calls for widening DNA searches to include relatives of possible suspects. But the method, a frontier in forensic … Continue reading

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CNN: White House discussing asking foreign visitors for social media info and cell phone contacts

CNN: White House discussing asking foreign visitors for social media info and cell phone contacts by Jake Tapper:

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Cal.6th: Broad electronic search probation condition was justified by the crime

The defendant juvenile took pictures of his having sex with a girl he was in school with and then he blackmailed her. He was found delinquent under the juvenile law for possession of child pornography and extortion. The broad probation … Continue reading

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NY1: Issue of fact on PC precludes SJ of assault and battery claim

An “issue of fact as to probable cause for [an] arrest precludes summary dismissal of [an] assault and battery claim”. Burgos-Lugo v. City of New York, 2017 NY Slip Op 00534, 2017 N.Y. App. Div. LEXIS 536 (Jan. 26, 2017).* … Continue reading

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