Daily Archives: March 7, 2017

CNN: Wikileaks claims to reveal how CIA hacks TVs and phones all over the world

CNN: Wikileaks claims to reveal how CIA hacks TVs and phones all over the world by Jose Pagliery: The CIA has become the preeminent hacking operation, sneaking into high-tech phones and televisions to spy on people worldwide, according to an … Continue reading

Posted in Surveillance technology | Comments Off

EFF: Secret Court Orders Aren’t Blank Checks for General Electronic Searches

EFF: Secret Court Orders Aren’t Blank Checks for General Electronic Searches by Mark Rumhold:

Posted in Computer searches, Warrant execution | Comments Off

Ark. Dem.-Gaz.: Amazon will turn over any data recorded in man’s hot-tub death

Ark. Dem.-Gaz.: Amazon will turn over any data recorded in man’s hot-tub death by Tracy Neal: Murder suspect allows access to voice-activated device

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D.Colo.: GPS tracking a car after it had been sold by target was unreasonable

Defendant bought a car that had a GPS device placed by the police with a 60 day tracking warrant. He paid for it for his girlfriend, with whom he had a child, and he drove it at the time of … Continue reading

Posted in GPS / Tracking Data, Staleness, Warrant execution | Comments Off

N.D.Iowa: Rejecting R&R, court finds stop pretextual and without RS

After USMJ sustained the stop (United States v. McLemore, 2016 U.S. Dist. LEXIS 177419 (N.D.Iowa Dec. 21, 2016), posted here), the USDJ disagrees and disbelieves the officer’s testimony and finding the stop pretextual that the paper temporary tag couldn’t be … Continue reading

Posted in Pretext, Reasonable suspicion | Comments Off

NJ permits limited search of the console when the def makes a half-hearted attempt to locate the papers for the vehicle

New Jersey again permits a limited search of the console [and likely glove compartment] when the defendant makes a half-hearted attempt to locate the papers for the vehicle. This is a limited search for the papers only, which would be … Continue reading

Posted in Community caretaking function, Reasonableness | Comments Off

W.D.Mo.: Def’s primary language wasn’t English but he also spoke Spanish, and his reading aloud the consent form showed he understood it

Defendant was found to have consented. His primary language was Portuguese because he was from Brazil. He also spoke Spanish and he read aloud the Spanish consent form. United States v. Dacruz-Mendes, 2017 U.S. Dist. LEXIS 30094 (W.D. Mo. Jan. … Continue reading

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CA10: Habeas appellant had full and fair opportunity to litigate in state court, and evidence supported verdict

Under Stone v. Powell, defendant had a full and fair opportunity to litigate that he was the right person arrested even though he didn’t match the description of the person wanted. The finding of guilty survives AEDPA review under Jackson … Continue reading

Posted in Uncategorized | Comments Off

OH10: Smell of MJ from car justified its search; suppression reversed

The trial court erred in granting defendant’s motion to suppress because the officer smelled marijuana in defendant’s car, and that justified its search. Moreover, defendant wasn’t in custody when he was speaking to the officer, so his statements aren’t suppressed. … Continue reading

Posted in Plain view, feel, smell | Comments Off