Daily Archives: March 17, 2017

New law review article: Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public

Rachel Levinson-Waldman, Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public, 66 Emory L.J. 527 (2017):

Posted in Reasonable expectation of privacy, Surveillance technology | Comments Off

N.D.Fla.: No IAC for failure to challenge stop when there was plenty of PC

Officers had a wealth of probable cause from consensually monitored conversations to stop the vehicle defendant was riding in. Therefore, defense counsel couldn’t be ineffective for not making a meritless motion to suppress for lack of PC. United States v. … Continue reading

Posted in Ineffective assistance | Comments Off

DC: Failing to file a motion to suppress is waiver of the issue

Defendant never filed a motion to suppress prior to trial, so the search and seizure claim is waived. Proctor v. United States, 2017 D.C. App. LEXIS 55 (March 16, 2017). The passenger didn’t have standing for the search of the … Continue reading

Posted in Motion to suppress, Reasonable suspicion | Comments Off

S.D.N.Y.: Sporadic user of cell phone had no standing; gathering provider information not a “search”

Defendant moved to suppress the cell phone data from a phone he sporadically used during a conspiracy, but he has no standing. The date was 334 days worth, and his use was occasional. This is no different that a sporadic … Continue reading

Posted in Cell phones, Cell site location information, Standing, Third Party Doctrine | Comments Off

D.Minn.: Not subpoenaing drug dog’s records not shown to be IAC for lack of prejudice

Defense counsel not subpoenaing the drug dog’s records wasn’t prejudicial where defendant can’t show that the drug dog’s use would be disallowed in the case. “There is no reason to believe that any additional information would have altered the probable … Continue reading

Posted in Dog sniff, Ineffective assistance, Informant hearsay | Comments Off