Daily Archives: May 12, 2017

IN: Officers lacked RS to take gun off an otherwise law abiding citizen based on a citizen informant tip def had a gun

A cab driver called the police because defendant dropped a gun. The cab driver feared he was to be robbed (but he wasn’t). The police showed up and claimed defendant acted nervous. (Only a little.) The frisk and removal of … Continue reading

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GA: Smell of MJ on def’s person and not in his truck justified search of person

During a traffic stop, the officer noticed that defendant’s eyes were bloodshot and glassy, and his taste buds were white and risen. The officer smelled raw marijuana when he approached defendant’s truck; noticed that the odor dissipated during the search … Continue reading

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Three on consent

Defendant was 41 years old and Mirandized before he voluntarily consented. United States v. Elcock, 2017 U.S. Dist. LEXIS 70549 (D. V.I. May 9, 2017). Defendant consented to the search of his cell phone, and it was copied before he … Continue reading

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D.Ariz.: In a rare departure from the norm, court finds there was no RS for def’s stop near the border

Based on the totality of circumstances (“(1) characteristics of the area; (2) proximity to the border; (3) usual patterns of traffic and time of day; (4) previous alien or drug smuggling in the area; (5) behavior of the driver, including … Continue reading

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Constitution Center: A Twenty-First Century Framework for Digital Privacy

Constitution Center: A Twenty-First Century Framework for Digital Privacy: Balancing Privacy and Security in the Digital Age by Jeffrey Rosen: Introduction: A Twenty-First Century Framework for Digital Privacy At the beginning of the twenty-first century, breathtaking changes in technology pose … Continue reading

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Motherboard: This Is the Secret Court Order That Forced the NSA to Delete the Data It Collected About You

Motherboard: This Is the Secret Court Order That Forced the NSA to Delete the Data It Collected About You The court found an “institutional lack of candor on NSA’s part and emphasized that this is a very serious Fourth Amendment … Continue reading

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ABAJ: ABA expresses concern about border searches of lawyer laptops and other electronic devices

ABAJ: ABA expresses concern about border searches of lawyer laptops and other electronic devices by Debra Cassens Weiss: ABA President Linda Klein is expressing serious concern about standards that permit searches of lawyer laptops and other electronic devices at the … Continue reading

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