Monthly Archives: February 2017

The Atlantic: Papers, Please | passengers on a domestic flight ordered to produce ID to prove who they were

The Atlantic: Papers, Please by Garrett Epps:

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CNN: Sources: Trump signed off on checking White House staffers’ phones

CNN: Sources: Trump signed off on checking White House staffers’ phones by Jeff Zeleny and Daniella Diaz: President Donald Trump signed off on press secretary Sean Spicer’s decision to check aides’ cell phones to make certain they weren’t communicating with … Continue reading

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Law.com/The Recorder: Fighting Echo Warrant, Amazon Has Scant Law to Draw On

Law.com/The Recorder: Fighting Echo Warrant, Amazon Has Scant Law to Draw On by Ben Hancock: The showdown over access to data recorded by the Amazon ‘smart’ device is pushing the limits of traditional First Amendment and Fourth Amendment principles.

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CA10 doesn’t defer to police: Travel plans were not implausible in context and did not support reasonable suspicion

Defendant’s speeding stop was valid, but the detention was unnecessarily long and without reasonable suspicion. The dog alert came too late after consent refused. The travel plans were not implausible at all in context and did not support reasonable suspicion. … Continue reading

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N.M.I.: Can you overcome officer’s credibility questions by calling it a “reasonable mistake of fact”?

Even if the trial court were to credit the defendant’s version that his sudden lane change was to dodge a puddle or a dog, the officer didn’t see a puddle or dog, just the lane change and that made the … Continue reading

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E.D.Mo.: Affiant officers in drug cases don’t have to be chemistry experts to state conclusions about drugs

The affiant officers stated conclusions about the chemistry of some of the drugs in the 24 search warrants issued in this case. The law doesn’t require they be chemistry majors, experts, or Walter White to state those conclusions when the … Continue reading

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NYLJ: Indefinite Gag Orders Under the Stored Communications Act

NYLJ: Indefinite Gag Orders Under the Stored Communications Act by Peter A. Crusco:

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New Book: H-Net, The Fourth Amendment in an Age of Surveillance

New Book: H-Net, The Fourth Amendment in an Age of Surveillance by David C. Gray Publisher: Cambridge University Press Publication Date: 4/30/2017

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D.Colo.: Collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why

The collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why. United States v. Rubio-Sepulveda, 2017 U.S. Dist. LEXIS 23866 (D. Colo. Feb. 21, 2017):

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E.D.Tex.: Cell phone + drug case = PC to search cell phone

Drug dealers commonly use cell phones to ply their trade, and that was stated in the affidavit for the search warrant. The USMJ signed the warrant for cell phones, too. Accordingly, the search warrant was executed in good faith. United … Continue reading

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