Daily Archives: June 26, 2017

NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing

NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing by Peter J. Henning:

Posted in Particularity | Comments Off

SCOTUS avoids deciding El Paso cross border shooting case and remands to CA5

The El Paso-Ciudad Juarez cross border shooting case remanded by SCOTUS to the Fifth Circuit for reconsideration in light of a decision from the Court on June 19th on whether Bivens applies. Hernández v. Mesa, 2017 U.S. LEXIS 4059 (June … Continue reading

Posted in § 1983 / Bivens, SCOTUS | Comments Off

CA9: Intervenors show no standing to challenge admin. SDT to Oregon Prescription Drug Monitoring Program

Intervenors showed no Art. III standing to challenge the DEA’s administrative subpoenas to the Oregon Prescription Drug Monitoring Program. Art. III standing requires that they show independent standing to sue. Oregon Prescription Drug Monitoring Program v. United States Drug Enforcement … Continue reading

Posted in Standing, Subpoenas / Nat'l Security Letters | Comments Off

Daily Mail (UK): TSA to start going through books and magazines under new security measures – but critics claim procedure could be used to target people with foreign or religious reading material

Daily Mail (UK): TSA to start going through books and magazines under new security measures – but critics claim procedure could be used to target people with foreign or religious reading material by Hannah Parry:

Posted in Airport searches | Comments Off

D.N.M.: GPS tracking warrants can be issued by USMJs; Title III doesn’t apply

The GPS tracking warrants were issued by a USMJ, and Title III’s restriction on only USDJs issuing wiretaps doesn’t apply tracking warrants [which are specifically mentioned in Rule 41]. The tracking did not exceed the 45 day limitation in the … Continue reading

Posted in Consent, F.R.Crim.P. 41, GPS / Tracking Data | Comments Off

E.D.Wis.: Def’s stop was without RS, and body cam video showed it

Milwaukee bike patrol officers heard a gun drop on the street and approached the people around the sound. Only another one walked away as shown in the officer’s body cam. The officers approached defendant, but there was no reasonable suspicion … Continue reading

Posted in Reasonable suspicion | Comments Off

CA7: State court following Davis GFE for pre-Jones GPS hardly unreasonable application of federal law under § 2254(d)

District Court [inexplicably] granted CoA for appeal of Wisconsin planting a GPS device a year before Jones which the state court of appeals held was saved by Davis good faith exception. State v. Oberst, 2014 WI App 58, 354 Wis. … Continue reading

Posted in Good faith exception, GPS / Tracking Data | Comments Off

AZ: Hot pursuit justified for minor offenses

Police attempted to stop defendant for a vehicle registration violation, but he didn’t stop and gave probable cause to believe he was fleeing the stop. He drove into his private driveway with a police car right behind him and went … Continue reading

Posted in Hot pursuit | Comments Off

RI: No apparent authority to consent shown; police merely assumed consenter lived there, but she didn’t

The person asked for consent didn’t live there, and the officers made no attempt to find out whether she did. They just assumed she did. The state’s alternative argument of exigency is rejected because the officers never testified to any … Continue reading

Posted in Apparent authority, Emergency / exigency | Comments Off