Daily Archives: April 16, 2017

WaPo: ‘Nobody’s got to use the Internet’: A GOP lawmaker’s response to concerns about Web privacy

WaPo: ‘Nobody’s got to use the Internet’: A GOP lawmaker’s response to concerns about Web privacy by Kristine Phillips:

Posted in Surveillance technology | Comments Off

WaPo: Watch Blog: Forced catheterizations are a good reminder that the drug war is as barbaric and cruel as ever

WaPo: Watch Blog: Forced catheterizations are a good reminder that the drug war is as barbaric and cruel as ever by Radley Balko:

Posted in Body searches, Excessive force | Comments Off

GA: Statute on return of property must be followed; can’t apply to court first

In a juvenile proceeding, recovery of the juvenile’s cell phone required following a statutory procedure which wasn’t. One can’t just apply to the court first. The further claim that retention of the phone violated the Fourth Amendment wasn’t raised below … Continue reading

Posted in Reasonable suspicion, Rule 41(g) / Return of property | Comments Off

LA5: No REP in cell phone provider’s records

There is no reasonable expectation of privacy in cell phone call details kept by the service provider under the third-party doctrine. State v. Savage, 2017 La. App. LEXIS 609 (La.App. 5 Cir. April 12, 2017) (decided under Fourth Amendment and … Continue reading

Posted in Cell phones, Third Party Doctrine | Comments Off

TN: Defense can’t use state SDT to get access to witness’s stored communications under SCA

The State lacked standing to challenge the subpoenas issued to its witnesses and electronic communications service providers seeking cell phone and social media communications because it had no personal right, privilege, or proprietary interest in the electronic communications at issue, … Continue reading

Posted in E-mail, Subpoenas / Nat'l Security Letters | Comments Off

N.D.Ga.: OSHA admin warrant request too expansive and quashed

The OSHA administrative inspection warrant was improvidently granted. It was based on a complaint arising from an employee injury, and probable cause in the administrative sense is different than criminal probable cause. Here, it wasn’t reasonable to expand the administrative … Continue reading

Posted in Administrative search | Comments Off

VA: PC for stop for reckless driving didn’t get stale in 3 hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

Posted in Arrest or entry on arrest, Probation / Parole search, Staleness | Comments Off

W.D.Ark.: Govt had independent source for cracking password on Android phone by software so def’s suppressed confession doesn’t suppress phone

While defendant’s confession was suppressed, his passwords to his phone were not because it was an Android phone, and the government could get in to an Android phone with its software. Thus, there was an independent source. United States v. … Continue reading

Posted in Cell phones, Independent source | Comments Off

CA1: Successor 2255 for cell phone search prior to Riley denied

Defendant sought a successor 2255 habeas petition on the ground his lawyer failed to properly litigate a cell phone search issue before Riley was even decided. Denied: no showing of prejudice. In re Conroy, 2014 U.S. App. LEXIS 25139 (1st … Continue reading

Posted in Ineffective assistance | Comments Off