Daily Archives: March 25, 2017

New law review article: Encryption Workarounds

New law review article: Encryption Workarounds by Orin S. Kerr & Bruce Schneier: Abstract:

Posted in Computer searches | Comments Off

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed: Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in … Continue reading

Posted in Seizure | Comments Off

D.Minn.: USMJ recommends Playpen warrant be suppressed

R&R recommends Playpen warrant be suppressed. United States v. Carlson, 16-cr-00317-JRT-FLN (D. Minn. March 23, 2017). Defense counsel wasn’t ineffective for not challenging the particularity of the search warrant in this case. “In our view, the warrant describes the character … Continue reading

Posted in Computer searches, Ineffective assistance | Comments Off

E.D.Mich.: Defense can’t get “activity logs” of officers for 60 days prior to his stop to see if they also smelled MJ then; what would it prove?

Defendant filed a motion to suppress and a motion to produce the “activity logs” of the officers involved for the 60 days prior to his stop. He wants to see whether the officers claimed to have smelled marijuana during those … Continue reading

Posted in Plain view, feel, smell | Comments Off

NC: Driver not free to leave during questioning while officer holds his DL

The officer did not return the defendant’s driver’s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a … Continue reading

Posted in Consent, Reasonable suspicion, Seizure | Comments Off