Daily Archives: March 28, 2017

WaPo: The House just voted to wipe out the FCC’s landmark Internet privacy protections | Money more important than privacy

WaPo: The House just voted to wipe out the FCC’s landmark Internet privacy protections by Brian Fung: House Republicans voted overwhelmingly Tuesday, by a margin of 215-205, to repeal a set of landmark privacy protections for Web users, issuing a … Continue reading

Posted in Uncategorized | Comments Off

UT: Defense “counsel was [not] ineffective for not filing a motion to suppress based on an unresolved proposition of law.”

“We cannot conclude that Edgar’s trial counsel was ineffective for not filing a motion to suppress based on an unresolved proposition of law.” State v. Edgar, 2017 UT App 53, 2017 Utah App. LEXIS 53 (March 23, 2017):

Posted in Ineffective assistance | Comments Off

CA6: Allegation of falsely creating PC is different than absolute immunity for GJ testimony

An allegation of falsely creating a case against the plaintiff is independent from the absolutely immune conduct of grand jury testimony. The district court erred in granting summary judgment to the defendants. Supplement jurisdiction claims dismissed also reversed. King v. … Continue reading

Posted in § 1983 / Bivens | Comments Off

CA8: RS too fact bound to lend itself to overcoming QI defense in § 1983 case

Plaintiff suppressed his search in state court for lack of reasonable suspicion, but he can’t get over the qualified immunity hurdle to sue the officer for the detention. The reasonable suspicion was thin at best, and, instead of nervousness, the … Continue reading

Posted in Qualified immunity, Reasonable suspicion | Comments Off

W.D.Va.: Two emails showed PC to believe two email accounts would have evidence of money laundering

The facts before the USMJ, based on two emails, showed probable cause to believe that defendant’s two email accounts would have further evidence of money laundering. United States v. Bradley, 2017 U.S. Dist. LEXIS 43719 (W.D. Va. March 24, 2017). … Continue reading

Posted in E-mail | Comments Off

M.D.Pa.: Knocking and getting no answer is not exigency

The entry into defendant’s house on probable cause but without an arrest warrant was unreasonable. The officers claimed exigency from the fact they announced and nobody answered. After the entry, the police went to defendant’s wife and told her of … Continue reading

Posted in Emergency / exigency | Comments Off