Daily Archives: April 4, 2017

WaPo: No, Republicans didn’t just strip away your Internet privacy rights

WaPo: No, Republicans didn’t just strip away your Internet privacy rights by Ajit Pai & Maureen Ohlhausen: April Fools’ Day came early last week, as professional lobbyists lit a wildfire of misinformation about Congress’s action — signed into law Monday … Continue reading

Posted in Surveillance technology | Comments Off

NBC: Comey: FBI Couldn’t Access Hundreds of Devices Because of Encryption

NBC: Comey: FBI Couldn’t Access Hundreds of Devices Because of Encryption by Tom Winter, Tracy Connor and Pete Williams: On a day when civil liberties groups were expressing alarm at the tools the CIA has apparently developed for using electronic … Continue reading

Posted in Cell phones, Computer searches | Comments Off

IL: A hunch a man on the street has a gun in Chicago isn’t reason for a stop because of the state right to keep and bear arms

A hunch that a man on the street might have had a gun wasn’t reason for a stop because of the right to keep and bear arms. People v. Horton, 2017 IL App (1st) 142019, 2017 Ill. App. LEXIS 218 … Continue reading

Posted in Reasonable suspicion | Comments Off

NY: Grant of a SW is not appealable before execution

A court order approving a search warrant for Facebook records is not appealable under New York law. The court rejects that the SCA is more like a subpoena than a search warrant, and the rule has been long standing in … Continue reading

Posted in Subpoenas / Nat'l Security Letters, Warrant execution | Comments Off

The Hill: Trump signs internet privacy repeal

The Hill: Trump signs internet privacy repeal by Harper Neidig: The bill uses a little-known tool called the Congressional Review Act (CRA) that allows Congress and the president to overturn recently passed agency regulations. A successful CRA bill also prevents … Continue reading

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D.Nev.: Failure to follow inventory showed it was a general rummaging

Defendant’s stop was based on the Wyoming LPN coming back as expired, but it turned out that Wyoming has a different database for trucks, even pickup trucks. Shortly thereafter, the LPN was found in a different search by dispatch. The … Continue reading

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D.Neb.: There is no REP in jail calls

Defendant’s jail calls were known by him to be subject to monitoring, and he had no reasonable expectation of privacy in them. There was probable cause for the search warrant for defendant’s email, giving the magistrate’s finding the due deference … Continue reading

Posted in E-mail, Reasonable expectation of privacy | Comments Off

W.D.Pa.: The borrower of a car has standing

The borrower of a car has standing. “Standing requires a fact-bound inquiry. In this case, Jones was the sole occupant of the car, obtained possession of the car by consent from his cousin, exercised exclusive control over the vehicle for … Continue reading

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TN: Procedural errors in handling the paperwork of a SW after execution are overlooked if no prejudice

Alleged mishandling of the paperwork on a search warrant for new DNA in a cold case hit could have resulted in a motion to suppress, but it’s not obvious that it would be granted because procedural defects in the return … Continue reading

Posted in Ineffective assistance, Warrant requirement | Comments Off

Tenth Amendment Center: To the Governor: Montana Passes Bill to Ban Warrantless Collection of Electronic Data

Tenth Amendment Center: To the Governor: Montana Passes Bill to Ban Warrantless Collection of Electronic Data by Mike Maharrey:

Posted in Cell phones, Computer searches | Comments Off