Monthly Archives: March 2017

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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UT: Defense “counsel was [not] ineffective for not filing a motion to suppress based on an unresolved proposition of law.”

“We cannot conclude that Edgar’s trial counsel was ineffective for not filing a motion to suppress based on an unresolved proposition of law.” State v. Edgar, 2017 UT App 53, 2017 Utah App. LEXIS 53 (March 23, 2017):

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CA6: Allegation of falsely creating PC is different than absolute immunity for GJ testimony

An allegation of falsely creating a case against the plaintiff is independent from the absolutely immune conduct of grand jury testimony. The district court erred in granting summary judgment to the defendants. Supplement jurisdiction claims dismissed also reversed. King v. … Continue reading

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CA8: RS too fact bound to lend itself to overcoming QI defense in § 1983 case

Plaintiff suppressed his search in state court for lack of reasonable suspicion, but he can’t get over the qualified immunity hurdle to sue the officer for the detention. The reasonable suspicion was thin at best, and, instead of nervousness, the … Continue reading

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W.D.Va.: Two emails showed PC to believe two email accounts would have evidence of money laundering

The facts before the USMJ, based on two emails, showed probable cause to believe that defendant’s two email accounts would have further evidence of money laundering. United States v. Bradley, 2017 U.S. Dist. LEXIS 43719 (W.D. Va. March 24, 2017). … Continue reading

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