Daily Archives: May 29, 2017

D.P.R.: Parents lacked apparent authority to consent to adult child’s room

The government failed to prove common authority by the consenter, defendant’s mother, for a search of the adult defendant’s separate bedroom. Common authority is far more readily found when the child is a minor, but not when the child is … Continue reading

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IA: While Iowa doesn’t recognize anticipatory warrants by statute, a federal anticipatory SW that ended up in state court was valid

“The defendant now appeals, arguing among other things that Iowa’s search warrant statutes do not authorize anticipatory warrants. We agree, but hold that where the federal government conducts a search pursuant to a valid federal search warrant for purposes of … Continue reading

Posted in Anticipatory warrant, Conflict of laws | Comments Off

FISA judge finds five years of illegal surveillance of some U.S. persons, but it wasn’t willful; remedial measures required; still, 4A not violated

McClatchy: Secret court rebukes NSA for 5-year illegal surveillance of U.S. citizens by Tim Johnson: U.S. intelligence agencies conducted illegal surveillance on American citizens over a five-year period, a practice that earned them a sharp rebuke from a secret court … Continue reading

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OH8: Citizen’s warning of sobriety checkpoints in Parma, Ohio was protected speech and not obstruction of governmental business

Defendant’s actions of having a sign and warning people of a sobriety checkpoint did not amount to obstruction of official business, so his arrest was unjustified. Ohio practice requires the police to warn of sobriety checkpoints, too. City of Parma … Continue reading

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FL4: Just being on somebody else’s property is not RS of a crime without more; telling def to “stand by” is a seizure

Defendant’s friends saw a police officer coming and all walked away. Defendant did not. That did not mean that when the encounter started, defendant was free to leave. On this record, he was not, and it was a detention without … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

S.D.Iowa: Stepping aside and gesturing for officer to enter house was consent to enter

Defendant consented to police entry by stepping aside and gesturing for police to enter. United States v. Faler, 2015 U.S. Dist. LEXIS 188840 (S.D. Iowa April 28, 2015).* During a traffic stop, defendant was the passenger, and he was fidgety. … Continue reading

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E.D.Mich.: Undercover officers entering public areas of a strip club as customers not a search

First undercover officers and then other officers entered plaintiff’s strip club to investigate alleged misdeeds inside. No warrant was needed under Macon because the parts of the club entered by the officers were open to the customers. ABECE Operating v. … Continue reading

Posted in Probable cause, Reasonable expectation of privacy | Comments Off