Daily Archives: April 21, 2017

WaPo: Why it matters that Google Home can now identify you by voice

WaPo: Why it matters that Google Home can now identify you by voice by Hayley Tsukayama: Consumers should also think about how this information could be used outside of the company, Shear said. He pointed to a recent murder case … Continue reading

Posted in Surveillance technology | Comments Off

N.D.Cal.: Google mail stored overseas but only accessible from U.S. subject to SW here

The Stored Communications Act can apply extraterritorially when the data is stored overseas but it can only be accessed from Google here in the U.S. In re Search of Content that is Stored at Premises Controlled by Google, 2017 U.S. … Continue reading

Posted in E-mail | Comments Off

Three on consent

Defense counsel was not ineffective for not moving to suppress a search by consent where the consenter admitted during a pretrial deposition that she consented. Banks v. State, 2017 Fla. LEXIS 893 (April 20, 2017).* Defendant’s father consented to the … Continue reading

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WaPo: Civil Rights Attorneys Raise Concerns About NYPD Body-Camera Program

WaPo: Civil Rights Attorneys Raise Concerns About NYPD Body-Camera Program by Zolan Kanno-Youngs: Policy gives officers too much discretion for when to activate devices, police-reform advocates say

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CA4: Inventory would happen so that’s inevitable discovery

The discovery of the contraband was by inevitable discovery because an inventory was going to occur in any event. The fact the policy wasn’t written isn’t determinative as long as it is reasonable. United States v. Bullette, 2017 U.S. App. … Continue reading

Posted in Inevitable discovery, Inventory | Comments Off

CA5: Arrest w/o PC can be retaliatory for refusing to answer questions at stop w/o RS

Plaintiff claimed he was arrested, handcuffed, and shackled simply for refusing to give his name and answer questions when he was stopped in a hotel parking lot apparently solely because of the officer’s curiosity. [At least plaintiff so plead because … Continue reading

Posted in § 1983 / Bivens, Probable cause | Comments Off

MT: Def was driving parents’ car and they had equal or superior authority to consent to its search

Defendant, a known drug user and suspected dealer, was driving his parents’ car, and they gave consent to search it. “Miller had permission from his parents to use the vehicle and thus had common, if not superior, authority to Baty … Continue reading

Posted in Apparent authority, Consent | Comments Off

C.D.Ill.: Long term borrower of car has standing

One who borrows a car for a long time has standing. “And the Court is persuaded that society is prepared to accept as reasonable a person’s subjective expectation of privacy in a car borrowed for months on end from a … Continue reading

Posted in Ineffective assistance, Standing | Comments Off