Daily Archives: June 16, 2017

WaPo: How self-driving cars could determine the future of policing

WaPo: How self-driving cars could determine the future of policing by Orin Kerr

Posted in Automobile exception, Pretext | Comments Off

Motherboard: The Supreme Court Phone Location Case Will Decide the Future of Privacy

Motherboard: The Supreme Court Phone Location Case Will Decide the Future of Privacy by Stephen Vladeck: Later this year, the Supreme Court will decide if police can track a person’s cell phone location without a warrant. It’s the most important … Continue reading

Posted in Cell site location information, Third Party Doctrine | Comments Off

S.D.Fla.: 4A IAC claim has to be decided on merits first; if search valid, no IAC

An IAC claim for failure to file a motion to suppress usually requires the merits of the motion be decided. “Because neither of the Fourth Amendment arguments have merit, trial counsel’s failure to move to suppress this evidence did not … Continue reading

Posted in Consent, Ineffective assistance | Comments Off

Two on waiver of motions to suppress

Where the motion to suppress was filed the Friday before a Monday bench trial, it was within the discretion of the district court to defer the suppression motion ruling until after all the evidence was in. United States v. Hardison, … Continue reading

Posted in Motion to suppress | Comments Off

NE: SW for property includes vehicles found and belonging there

Search warrant for property includes vehicles parked on the property that are connected to the property [as in the owner]. State v. Hidalgo, 296 Neb. 912, 2017 Neb. LEXIS 87 (June 9, 2017). Officers coming upon an assault in progress, … Continue reading

Posted in Excessive force, Scope of search | Comments Off

CA9: Entry by def’s bondsman was by contractual consent; gun not suppressed

Defendant was arrested in his home by his bondsman retaking him, and the bondsman recovered a gun. Defendant was a felon. Defendant consented in advance to being retaken by his bondsman, and that was essentially consent in advance. United States … Continue reading

Posted in Consent, Private search | Comments Off

ID: “Right result-wrong theory” will not be applied to relieve the state of defaulting an argument in support of search

“Right result-wrong theory” will not be applied to relieve the state of failing to make an argument to support the search in the trial court. The state defaulted the argument it advances on appeal. State v. Garcia-Rodriguez, 2017 Ida. LEXIS … Continue reading

Posted in Standards of review | Comments Off

The Watergate break-in happened 45 years ago today

Almost certainly just before midnight the night of June 16, 1972, burglars entered the Watergate Complex to break into the Democratic National Headquarters. Shortly after midnight, June 17th, security guard Frank Wills discovered tape keeping a door from locking, and … Continue reading

Posted in Uncategorized | Comments Off

CA9: SW for one CP message board user’s email account led to finding CP for defendant; no 4A violation

A search warrant was obtained for the email account of a user of the Dark Moon messaging board for users of child pornography. After searching that one, officers got permission to use the email account. That did not lead to … Continue reading

Posted in E-mail, Reasonable expectation of privacy | Comments Off