Daily Archives: February 11, 2017

CA10: Officers pulled up next to def walking along road and finally told him to stop; this was a seizure without RS

Defendant was walking down the street at night and a police car pulled up beside him and officers were talking to him as he walked. Finally they told him to stop. This was a seizure for which there was no … Continue reading

Posted in Attenuation, Reasonable suspicion, Seizure | Comments Off

S.D.Ga.: Def’s evasive movements near and shortly after a shooting call was RS

Defendant’s evasive movements near and shortly after a shooting call that at least partially matched him was reasonable suspicion. “The sum of the information available to the officers when they decided to stop Porter gave them reasonable suspicion that he … Continue reading

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NY4: Search of cell phone for texts led to SW; not inevitable discovery because SW sought because of illegal search

Defendant’s Fourth Amendment rights in his cell phone text messages were violated by the police searching them without a warrant. The fact they got a warrant later didn’t help them because that was the only reason to search the phone, … Continue reading

Posted in Cell phones, Inevitable discovery, Probation / Parole search | Comments Off

VA: Jardines not retroactive on state habeas review

Defendant’s conviction was final ten months before Jardines was decided by SCOTUS. “Therefore, because the controlling legal landscape when Oprisko’s conviction became final did not dictate that use of a drug-sniffing dog within the curtilage of private property was a … Continue reading

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WI: Probation condition against possession of a computer gives the PO power to search one found

Defendant had arson and sex offender convictions, and a term of probation was no computers without approval. They found a computer with live modems at his house, and he denied that the big computer worked, but he had a laptop. … Continue reading

Posted in Computer searches, Probation / Parole search | Comments Off

Baltimore Sun: Aerial surveillance by Baltimore police has promise, should be studied more, report concludes

Baltimore Sun: Aerial surveillance by Baltimore police has promise, should be studied more, report concludes by Kevin Rector:

Posted in Surveillance technology | Comments Off

Tenth Amendment Center: Arizona Committee Passes Bill to Prohibit Warrantless Stingray Spying

Tenth Amendment Center: Arizona Committee Passes Bill to Prohibit Warrantless Stingray Spying by Mike Maharry: PHOENIX, Ariz, (Feb. 10, 2017) – An Arizona bill that would ban the use of “stingrays” to track the location of phones and sweep up … Continue reading

Posted in Stingray / Hailstorm | Comments Off