Monthly Archives: March 2017

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.

Posted in FISA | Comments Off

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):

Posted in Reasonable suspicion | Comments Off

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):

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

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

Posted in Reasonable expectation of privacy | Comments Off

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

Posted in Excessive force | Comments Off

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

Posted in Consent, Curtilage, Open fields | Comments Off

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

Posted in Reasonable suspicion, Search incident | Comments Off

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

Posted in Surveillance technology | Comments Off

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

Posted in Consent, Ineffective assistance | Comments Off

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

Posted in Uncategorized | Comments Off