Monthly Archives: May 2017

E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

Posted in Cell phones, Cell site location information, GPS / Tracking Data, Nexus | Comments Off

LA2: UT blanket probation search condition applied to probationer transferred to LA

Defendant was on probation out of Utah and supervised in Louisiana. His PO received information that he might have child pornography on his cell phone. During a PO visit, he was told to get his cell phone and computer out … Continue reading

Posted in Conflict of laws, Informant hearsay, Probation / Parole search | Comments Off

OH6: Merely being “associated” with a vehicle doesn’t confer standing

“In his motion to suppress, he asserted only that he was ‘associated’ with the truck. We find an ‘association’ with the vehicle gives no greater rights than a mere passenger. Therefore, we agree with the state that appellant could not … Continue reading

Posted in Standards of review, Standing | Comments Off

IN: Stop was reasonably extended because the LPN didn’t match vehicle

A stop was reasonably extended by the officer because the LPN didn’t come back to the vehicle. Browder v. State, 2017 Ind. App. LEXIS 212 (May 22, 2017).* The affidavit for search warrant was not bare bones, and the search … Continue reading

Posted in Reasonable suspicion, Scope of search | Comments Off

Two car and person searches suppressed for lack of RS

The USMJ “reasonably determined that although there was probable cause to stop the car in which Linaman was traveling for possible traffic violations, …, Deputy Tadlock prolonged the stop beyond the time reasonably required to investigate those violations and without … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off

CA9: PC for arrest in the 1A context: ptf street performer’s arrest was without probable cause

Plaintiff is a Las Vegas Strip street performer, and she was arrested for conducting business with another performer without a license. The district court erred by deciding that the officers had probable cause to arrest plaintiff despite the First Amendment … Continue reading

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

CA4: Wikimedia can show standing to challenge internet surveillance under Clapper v. Amesty International

Wikimedia’s complaint against the NSA survives SCOTUS Clapper v. Amnesty International standing analysis. Wikimedia handles over one trillion internet communications a year, and every internet portal in the U.S. and likely the world reaches it. Therefore, some communications have to … Continue reading

Posted in Standing, § 1983 / Bivens | Comments Off

NYLJ: Federal Jury Awards $8M to Man Injured by Police Stun Gun

NYLJ: Federal Jury Awards $8M to Man Injured by Police Stun Gun by Jason Grant: A federal jury has awarded a mentally disabled Long Island man and his parents $8.32 million after police used a stun gun on the man … Continue reading

Posted in Excessive force | Comments Off

WaPo: ‘The Volokh Conspiracy’ Blog: United States v. Wallace is a GPS case, not a cell-site case – here’s why it matters

WaPo: ‘The Volokh Conspiracy’ Blog: United States v. Wallace is a GPS case, not a cell-site case — here’s why it matters by Orin Kerr: Yesterday I wrote at length on United States v. Wallace, a new decision from the … Continue reading

Posted in Cell site location information, GPS / Tracking Data | Comments Off

Law.com: Fourth Amendment Exception Allows Customs to Search Personal Devices

Law.com: Fourth Amendment Exception Allows Customs to Search Personal Devices by Joe Martini & James Glasser: CBP agents can search cellphones, laptops and other electronic devices of those entering or leaving the country, regardless of citizenship and despite the vast … Continue reading

Posted in Border search | Comments Off