Monthly Archives: March 2017

Simple Justice blog: Kopf’s Top Ten Observations About Criminal Defense Lawyers

Kopf’s Top Ten Observations About Criminal Defense Lawyers by Richard G. Kopf, Senior United States District Judge (Nebraska): 10. Criminal defense lawyers are at great risk of becoming drunken bastards—the stress is beyond description. 9. Being a good criminal defense … Continue reading

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M.D.Fla.: Owner of housing rental units has no REP in the property during a tenancy from housing inspection

A housing rental partnership has standing to sue under the Fourth Amendment for rental inspection under a city ordinance because of collateral consequences to them. The inspections only occur when they are rented. The complaint fails on the merits, however, … Continue reading

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Security Info Watch: Proliferation of smart home tech creates privacy conundrum

Security Info Watch: Proliferation of smart home tech creates privacy conundrum by Adrienne Ehrhardt:

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MD: Determining “Miranda custody” is an objective inquiry based on the totality of circumstances

Determining “Miranda custody” is an objective inquiry based on the totality of circumstances. Brown v. State, 2017 Md. LEXIS 154 (March 27, 2017):

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MO: Using software to sort through publicly available information does not violate any REP

The use of software to sort through publicly available information does not violate any reasonable expectation of privacy. Shumate v. State, 2017 Mo. App. LEXIS 227 (March 28, 2017).* Playpen warrant sustained. United States v. Gaver, 2017 U.S. Dist. LEXIS … Continue reading

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IN: Def handing CI a package risked CI handing it to police

The government’s CI was handling the package with drugs for the defendant to ship it, and he could consent to searching it. Erickson v. State, 2017 Ind. App. LEXIS 140 (March 29, 2017). The CI’s information was against his self … Continue reading

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WaPo: Congress’s vote to eviscerate Internet privacy could give the FBI massive power

WaPo: Congress’s vote to eviscerate Internet privacy could give the FBI massive power by Paul Ohm: Many are outraged about congressional efforts to eviscerate Internet privacy regulations set by the Federal Communications Commission under President Barack Obama. But a frightening … Continue reading

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WaPo: ‘Wonkblog’: Since 2007, the DEA has taken $3.2 billion in cash from people not charged with a crime

WaPo: ‘Wonkblog’: Since 2007, the DEA has taken $3.2 billion in cash from people not charged with a crime by Christopher Ingraham: The Drug Enforcement Administration takes billions of dollars in cash from people who are never charged with criminal … Continue reading

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D.Ariz.: State criminal case remedy doesn’t preclude injunctive relief against unlawful arrests

In an injunctive relief action against former Sheriff Arpaio over state enforcement of federal immigration laws, the court considers the factors for injunctive relief, and concludes that having state Fourth Amendment remedies doesn’t undo irreparable harm. Puente Arizona v. Arpaio, … Continue reading

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NACDL: New Report Offers Guide for Defense Attorneys to Challenge Secretive Government Hacking

NACDL: New Report Offers Guide for Defense Attorneys to Challenge Secretive Government Hacking: Washington, DC (Mar. 30, 2017) — A report released today sets out key legal arguments and strategies for challenging evidence seized by government-installed computer malware as a … Continue reading

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ATL: Liberal Silence Tramples The Fourth Amendment

ATL: Liberal Silence Tramples The Fourth Amendment by Kayleigh McEnany: This week liberals have displayed their willingness to play politics with our constitutional rights. It is wrong. It is unfortunate. And most of all, it is dangerous.

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MD: Odor of MJ from car alone doesn’t provide RS for a frisk for weapons

The odor of marijuana alone doesn’t provide reasonable suspicion for a frisk for weapons. Norman v. State, 2017 Md. LEXIS 153 (March 27, 2017):

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FL4: REP in a vehicle’s black box, and a SW required to access it

There is a reasonable expectation of privacy in information held in a vehicle’s black box, and a search warrant is required to access it. State v. Worsham, 2017 Fla. App. LEXIS 4162 (Fla. 4th DCA March 29, 2017):

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Buzzfeed: FBI Agents Posed As Filmmakers To Interview Armed Militia In A Dramatic Standoff

Buzzfeed: FBI Agents Posed As Filmmakers To Interview Armed Militia In A Dramatic Standoff by Salvador Hernandez: FBI agents posed as documentary filmmakers to talk to militia members during an armed standoff in the Nevada desert, then used the recorded … Continue reading

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WSJ: With Trump, Police Hope to Deploy Military Gear Banned Under Obama

WSJ: With Trump, Police Hope to Deploy Military Gear Banned Under Obama by Zusha Elinson and Beth Reinhard: They also sense receptivity to tougher laws on violence against officers; “What a difference six months makes.” Keep the people in place … Continue reading

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OH5: Helicopter flyover discovery of MJ plants didn’t justify warrantless entry into curtilage; open fields search valid

The helicopter flyover of defendant’s property gave probable cause but no exception to the warrant requirement. The officers could enter up the driveway, and then consent to enter was given. The marijuana plants in the woods were in open fields. … Continue reading

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OH12: Shoplifting arrest supported search incident of def’s backpack

Defendant was arrested outside a store for shoplifting a belt and hat he wore out of the store. The backpack he was wearing was subject to search incident under Gant when he was arrested. State v. Whipple, 2017-Ohio-1094, 2017 Ohio … Continue reading

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NYTimes: Republicans Attack Internet Privacy

NYTimes: Republicans Attack Internet Privacy (Editorial): Republicans just made clear how little they care about protecting the privacy of Americans by letting companies like Verizon and Comcast sell advertisers the internet browsing histories and other personal data of their customers … Continue reading

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OH4: Isolated unsolicited comment def refused to consent to search was not error and was harmless error at best

An isolated comment volunteered by a witness that defendant refused to consent to a search that was never mentioned again wasn’t error. Even so, the evidence of guilt was overwhelming so it’s harmless. State v. Angus, 2017-Ohio-1100, 2017 Ohio App. … Continue reading

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WaPo: The House just voted to wipe out the FCC’s landmark Internet privacy protections | Money more important than privacy

WaPo: The House just voted to wipe out the FCC’s landmark Internet privacy protections by Brian Fung: House Republicans voted overwhelmingly Tuesday, by a margin of 215-205, to repeal a set of landmark privacy protections for Web users, issuing a … Continue reading

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