Daily Archives: February 4, 2017

CA5: The length of computer search didn’t make it unreasonable where def was a lawyer and taint team had to do first review

Defendant was a lawyer who took his computer in to have the data on the hard drive switched to a new computer. The service guy doing the job noticed file names suggestive of child pornography and he saw at least … Continue reading

Posted in Computer searches, Reasonableness, Scope of search | Comments Off

VA: Hotel contract said mgr could enter at will, and that was consent

Defendant rented a hotel room for a week through one Heid because he didn’t have an ID, and he paid Heid for it. The contract Heid signed allowed entry by the hotelier into the room up to once a week … Continue reading

Posted in Consent, Reasonable expectation of privacy | Comments Off

TN: General statement of “certified question of law” requires dismissal of appeal

Defendant’s general statement of the search and seizure in his state mandated “certified question of law” was insufficient for lack of what it was and what was sought to be suppressed, and the appeal is dismissed. State v. Forest, 2017 … Continue reading

Posted in Burden of proof | Comments Off

CT: Adding “Miranda” to a consent argument changed the nature of the argument on appeal

Defendant was found to have consented to a search of his apartment. On appeal, he changed it to a claim that it was a violation of Miranda to get consent, but there is no record of that claim having been … Continue reading

Posted in Consent | Comments Off

Tenth Amendment Center: Michigan Ballot Measure Would Help Protect Electronic Data from Warrantless Spying

Tenth Amendment Center: Michigan Ballot Measure Would Help Protect Electronic Data from Warrantless Spying:

Posted in Surveillance technology | Comments Off

GA: Def counsel wasn’t ineffective for not arguing more strenuously an issue raised and rejected

Defendant’s IAC claim here was that defense counsel didn’t argue more vigorously the motion to suppress such that he would have won it it had been better argued. How to argue is “strategy.” In light of his lack of standing, … Continue reading

Posted in Ineffective assistance | Comments Off

Cato: Stingray: A New Frontier in Police Surveillance

Cato: Stingray: A New Frontier in Police Surveillance by Adam Bates. From the executive summary:

Posted in Stingray / Hailstorm | Comments Off

E.D.Pa.: Google must turn over e-mails stored offshore, disagreeing with CA2

Google has to turn over e-mails stored overseas under a search warrant received here, disagreeing with Second Circuit. The court also notes that seeing an email might not be a seizure, contrary to Rule 41 and Jones protecting “information.” In … Continue reading

Posted in E-mail | Comments Off

Law Review: The Forgotten Residents: Defining the Fourth Amendment House to the Detriment of the Homeless

The Forgotten Residents: Defining the Fourth Amendment House to the Detriment of the Homeless by Lindsay J. Gus in University of Chicago Law Forum

Posted in Reasonable expectation of privacy | Comments Off

Law Review: Fourth Amendment Rights of Probationers: The Lack of Explicit Probation Conditions and Warrantless Searches

Fourth Amendment Rights of Probationers: The Lack of Explicit Probation Conditions and Warrantless Searches by Taylor S. Rothman at University of Chicago Legal Forum.

Posted in Probation / Parole search | Comments Off