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

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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

Posted in Arrest or entry on arrest, Emergency / exigency, Search incident | Comments Off

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

Posted in GPS / Tracking Data, Reasonable expectation of privacy | Comments Off

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

Posted in Cell phones, Standing | Comments Off