Daily Archives: February 8, 2017

SW for a pacemaker: WaPo: A man detailed his escape from a burning house. His pacemaker told police a different story.

WaPo: A man detailed his escape from a burning house. His pacemaker told police a different story. by Cleve R. Wootson Jr.:

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NYLJ: Facebook, DA Argue Over Constitutionality of Search Warrants

NYLJ: Facebook, DA Argue Over Constitutionality of Search Warrants by John Stashenko:

Posted in E-mail | Comments Off

Fortune: Social Media at the Border: Can Agents Ask for Your Facebook Feed?

Fortune: Social Media at the Border: Can Agents Ask for Your Facebook Feed? by Jeff John Roberts:

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M.D.Pa.: Motion to suppress denied without prejudice for failure to plead any facts or law or brief the issue with cases

Motion to suppress denied without prejudice for failing to cite facts or authority or provide a cogent argument. United States v. Guerrier, 2017 U.S. Dist. LEXIS 14405 (M.D. Pa. Feb. 2, 2017):

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W.D.Tex.: Border search cursory search of defendant’s cell phone was reasonable

A border search cursory search of defendant’s cell phone was reasonable, even under Cotterman. They also had more than reasonable suspicion. United States v. Escarcega, 2015 U.S. Dist. LEXIS 185466 (W.D. Tex. July 29, 2015):

Posted in Border search, Cell phones | Comments Off

NY1: Pawnbrokers have been heavily regulated for a century; rules for information storage are reasonable

Pawnbrokers have been a heavily regulated industry for over a century. NYC’s requirement of provision of certain information in digital format is reasonable under the Fourth Amendment (compare California Bankers Assn. v. Schultz) and the limited administrative searches are reasonable. … Continue reading

Posted in Administrative search, Probation / Parole search | Comments Off

M.D.Pa.: General motion to suppress denied for not pleading any facts or law

“In light of the fact that Defendant fails to specify which statements he is seeking to suppress and the insufficiency of Defendant’s explanation for why the arrest warrant lacks probable cause, I am unable to properly consider these motions. Fourth … Continue reading

Posted in Burden of proof, Motion to suppress | Comments Off

IN: 4A doesn’t require a SW be obtained at the earliest possible time

Officers were tipped off to the defendant coming through with drugs eight hours before he was stopped. The stop was for speeding and weaving, and a drug dog was used which alerted. The fact the officers had eight hours warning … Continue reading

Posted in Warrant requirement | Comments Off

S.D.Ind.: Spending money is not an exigent circumstance justifying a warrantless search to recover the money

Defendant spending money is not an exigent circumstance justifying a warrantless search to recover the money. United States v. Jett, 2017 U.S. Dist. LEXIS 13544 (S.D. Ind. Feb. 1, 2017):

Posted in Emergency / exigency | Comments Off

CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

Lengthy CSLI was obtained by a cell site simulator but with a court order. Pleading the pen register statute is no help to the defense because there is no exclusionary remedy. Pre-Jones GPS tracking was valid under Davis. Finally, lengthy … Continue reading

Posted in Cell site location information, Pole cameras | Comments Off