Daily Archives: February 7, 2017

Bloomberg: Trump Quips He’d ‘Destroy’ Texas Lawmaker Who Irked Sheriff [over forfeiture reform]

Bloomberg: Trump Quips He’d ‘Destroy’ Texas Lawmaker Who Irked Sheriff by Toluse Olorunnipa & Margaret Talev: President Trump jokes about destroying a politician’s career

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WaPo: These smart TVs were apparently spying on their owners [mere third party data?]

WaPo: These smart TVs were apparently spying on their owners by Hayley Tsukayama. So, if this is third party data, is it subject to mere subpoena and not a search warrant? Feel free to be creeped out. I have a … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off

Tenth Amendment Center: Montana House Passes Bill Taking on Warrantless Electronic Data Collection

Tenth Amendment Center: Montana House Passes Bill Taking on Warrantless Electronic Data Collection: HELENA, Mont. (Feb. 7, 2017) – Yesterday, the Montana House passed a bill that would require police to get a warrant in order to obtain electronic communication … Continue reading

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CO: Dog alert for MJ still justifies a search of a car, even in a MMJ and recreational use state

Even in a recreational and medicinal marijuana state, the smell of marijuana picked up by a dog is probable cause including a search of the trunk. The court rejected the claim that the dog would alert on both legal and … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

CA10: QI applies to suit by driver and his child in car over police shooting driver

Several officers attempted to stop plaintiff at 3:50 am, and he finally stopped. One officer got in front of the car with a shotgun, and the car moved forward. That officer fired two shots from a shotgun at the driver, … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off

Nervousness and reasonable suspicion

“By now, Deputy Kolbe was confronted with conflicting stories that, individually and collectively, defied common sense and reason. He had accumulated substantial observations of their suspicious behavior, beginning before he initiated the traffic stop and extending through the signs of … Continue reading

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WaPo: New York Court of Appeals to hear argument in ‘In re 381 Search Warrants’ case

WaPo: New York Court of Appeals to hear argument in ‘In re 381 Search Warrants’ case by Orin Kerr:

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NE: Automobile exception depends upon its mobility, not on def’s ability to move it

The automobile depends only on the mobility of the vehicle and not on whether defendant could be the one moving it. Even if he’s in custody, the vehicle is still movable. State v. Rocha, 295 Neb. 716, 2017 Neb. LEXIS … Continue reading

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W.D.Tex.: A cell phone may be searched under the border search exception [CA5 to decide soon]

A cell phone may be searched under the border search exception. While the Fifth Circuit hasn’t decided the issue yet, it soon will be [see quoted n.4, infra]. United States v. Molina-Isidoro, 2016 U.S. Dist. LEXIS 183368 (W.D. Tex. Oct. … Continue reading

Posted in Border search, Cell phones | Comments Off