Daily Archives: March 23, 2017

CA3: 5A no bar to using All Writs Act and contempt power to order target to decrypt hard drive

The government can use the All Writs Act to get the target of a search to decrypt a hard drive because it does not violate the Fifth Amendment. Challenging the merits of the underlying order in a civil contempt isn’t … Continue reading

Posted in Computer searches | Comments Off

Texas finally adopts the Davis good faith exception to its statutory exclusionary rule

Texas finally adopts the Davis good faith exception to its statutory exclusionary rule to a pre-Jardines dog sniff in a wide ranging and scholarly opinion surveying all the federal circuits on Davis and attenuation. McClintock v. State, 2017 Tex. Crim. … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off

D.Del.: Evasiveness during a public intox arrest justified Terry frisk

Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Standing | Comments Off

E.D.Cal.: A stolen laptop from a prison medical provider wasn’t a “search”

A laptop of the medical provider was stolen, and plaintiff was told that his medical information may have been on it. He sued claiming a violation of the Fourth Amendment. This doesn’t state a claim. A stolen laptop is not … Continue reading

Posted in Search, Seizure | Comments Off

M.D.Pa.: Being a drug dealer by trade doesn’t mean one’s house is subject to search; a bit more required

Being a drug dealer by trade doesn’t mean one’s house is subject to search. It is, however, an inference that can be drawn along with other facts. United States v. Couvertier, 2017 U.S. Dist. LEXIS 40270 (M.D. Pa. March 21, … Continue reading

Posted in Probable cause | Comments Off