Daily Archives: February 27, 2017

WaPo: The used car that came with a special option: A GPS device secretly installed by the police

WaPo: The used car that came with a special option: A GPS device secretly installed by the police by Orin Kerr:

Posted in GPS / Tracking Data | Comments Off

techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted

techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted by Tim Cushing: Thanks to the FBI’s one-to-many NIT warrant, which was issued in Virginia but reached thousands of computers all … Continue reading

Posted in Computer searches, Reasonable expectation of privacy | Comments Off

NE implied consent law was unconstitutional as applied here, but not on its face

“In this instance, without a warrant, nor exigent circumstance, the State could only rely upon the exception of a warrantless search incident to a lawful arrest for drunk driving in order to demand a blood test from McCumber. With the … Continue reading

Posted in Consent, Drug or alcohol testing, Reasonable suspicion | Comments Off

CO: SW for things that could transmit pictures to a computer fairly included a digital camera

The search warrant was for digital images and was for computers, storage media, and things that could transmit pictures to the computer. That fairly included defendant’s digital camera. People v. Raehal, 2017 COA 18, 2017 Colo. App. LEXIS 199 (Feb. … Continue reading

Posted in Computer searches, Scope of search | Comments Off

D.Nev.: Govt responds it won’t use evidence seized at trial so motion for return of property or to suppress granted

The government seized defendant’s iPad and but didn’t search it because they didn’t have a password. Finally, they decided not to attempt to use it as evidence, so the motion for return of property is granted. The government didn’t intend … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off

W.D.Mo.: The occupant’s stepping back from the door and opening it showed consent to enter to look for def

Officers could conclude that the occupant consented to entry when the police knocked and they said they were looking for somebody inside, and she backed away and opened the door more. United States v. McDaniel, 2017 U.S. Dist. LEXIS 25372 … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off