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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