Daily Archives: April 2, 2017

WaPo: Want Medicaid coverage? A drug test should come first, Wisconsin governor says

WaPo: Want Medicaid coverage? A drug test should come first, Wisconsin governor says by Paige Winfield Cunningham: Now that House Republicans have squandered their shot at reordering Medicaid, governors who want conservative changes in the health program for low-income Americans … Continue reading

Posted in Drug or alcohol testing | Comments Off

Two on qualified immunity

It was not sufficiently clear that the officers’ actions here in aiding a repossession violated the Fourth Amendment, so they get qualified immunity. “However, there is sufficient daylight between the Officers’ conduct here and the conduct in Cochran and Hensley … Continue reading

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W.D.Mo.: Email SW to Google was particular, and target has no 4A right to notice of the SW

“Courts have repeatedly upheld courts’ ability to issue warrants outside their respective district under the S[tored] C[communications] A[ct]. The computer system was in California with Google. The email warrant was for nearly everything for 13 months, and it wasn’t overbroad. … Continue reading

Posted in Computer searches, Particularity, Warrant execution | Comments Off

CA5: Handing over one’s phone in response to “do you mind if I look through your phone?” is consent

Defendant’s stop 30 miles from the border in a corridor known for smuggling was based on reasonable suspicion. When defendant was asked “do you mind if I look through your phone?”, he handed it over, and that was consent. United … Continue reading

Posted in Cell phones, Consent | Comments Off

CA11: RS justified home search by PO when door opened and MJ could be smelled, plus more, not that it mattered

POs came to defendant’s place for a home visit. When the door was opened, the officer could smell marijuana. He asked for defendant and the man answering the door said defendant didn’t live there. He asked for defendant’s girlfriend who … Continue reading

Posted in Probation / Parole search | Comments Off

D.Mass.: Evidence that officer condoned CI planting evidence survives MSJ

Plaintiff had enough evidence of CI misconduct in planting evidence and police turning a blind eye toward it to survive summary judgment. Santiago v. Lafferty, 2017 U.S. Dist. LEXIS 49177 (D. Mass. March 31, 2017):

Posted in Franks doctrine, Police misconduct, § 1983 / Bivens | Comments Off

NYTimes: What the Repeal of Online Privacy Protections Means for You

NYTimes: What the Repeal of Online Privacy Protections Means for You by Brian X. Chen:

Posted in Surveillance technology | Comments Off

WaPo: A panty liner triggers a TSA pat-down just one step removed from a pap smear

WaPo: A panty liner triggers a TSA pat-down just one step removed from a pap smear by Petula Dvorak:

Posted in Body searches | Comments Off

IL: Def’s statement after illegal arrest when confronted with bogus GSR test was not attenuated

Defendant’s statement six hours after his illegal arrest when confronted with a bogus GSR test was not attenuated. People v. Hernandez, 2017 IL App (1st) 150575, 2017 Ill. App. LEXIS 206 (March 31, 2017):

Posted in Arrest or entry on arrest, Attenuation | Comments Off