Daily Archives: March 9, 2017

CNN: Comey: ‘There is no such thing as absolute privacy in America’

CNN: Comey: ‘There is no such thing as absolute privacy in America’ by Mary Kay Mallonee & Eugene Scott: FBI Director James Comey warned Wednesday that Americans should not have expectations of ‘absolute privacy,’ adding that he planned to finish … Continue reading

Posted in Surveillance technology | Comments Off

The Hill: ACLU challenges warrant to search Facebook page of Dakota Access opponents

The Hill: ACLU challenges warrant to search Facebook page of Dakota Access opponents by Morgan Chalfant: The American Civil Liberties Union is moving to quash a police warrant granted to search data on a Facebook page of a group protesting … Continue reading

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

MO: A body between apartments justified an entry to see if there were other victims

Police get a call about women screaming and yelling and a body between two buildings. They show up and circumstances connect them to an apartment. A community caretaking function search for another victim is proper. State v. Shegog, 2017 Mo. … Continue reading

Posted in Burden of proof, Community caretaking function | Comments Off

C.D.Cal.: That building inspector’s entry was governed by 4A is clearly established

A municipal building inspector’s entry into plaintiff’s building is governed by the Fourth Amendment and the law is well established. “Red-Tagging” the property for defects facially states a claim for relief and the motion to dismiss is denied. VNT Prop. … Continue reading

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

MO: Homeowner had apparent authority to consent to search his basement where def had been living for 12 days

Police were investigating the defendant for child pornography, and located him at a friend’s house where he’d been living in the basement for 12 days. Because of the layout of the basement and its access, the court finds that the … Continue reading

Posted in Apparent authority | Comments Off

ID: 4A waiver not mentioned at sentencing couldn’t later be imposed by PO

When defendant was sentenced, there was no Fourth Amendment waiver mentioned by the court, and the sentencing and probation order didn’t mention it. Six weeks later, he was forced to sign a Fourth Amendment waiver by his PO. That waiver … Continue reading

Posted in Probation / Parole search | Comments Off

IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by … Continue reading

Posted in Arrest or entry on arrest, Search incident | Comments Off