Daily Archives: June 28, 2017

Courthouse News Service: Spy Tool’s Renewal Sparks Tense Senate Hearing

Courthouse News Service: Spy Tool’s Renewal Sparks Tense Senate Hearing by Brandi Buchman: WASHINGTON (CN) – Stoking the Senate Judiciary Committee’s frustrations on Tuesday, intelligence experts had few answers to direct questions on reauthorizing a surveillance tool. Set to expire … Continue reading

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GA: Std of review: If video clear, it controls on its facts and gets de novo review

Defendant was stopped for driving a motorcycle without a helmet, and alcohol was on his breath. The objective facts from the video show the FST and breath test were consensual. “And, where, as here, the controlling facts are undisputed because … Continue reading

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OH3: Oral testimony for SW doesn’t have to be transcribed before SW served

Oral testimony in support of issuance of a search warrant did not have to be transcribed and made part of the record before the warrant was served. State v. Wilson, 2017-Ohio-5484, 2017 Ohio App. LEXIS 2544 (3d Dist. June 26, … Continue reading

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CA7: Plaintiff’s 4A claim was too generalized to state a claim

In a bankruptcy appeal, the plaintiff’s Fourth Amendment claim was too generalized to state a claim. Home Care Providers v. Hemmelgarn, 2017 U.S. App. LEXIS 11412 (7th Cir. June 27, 2017):

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S.D.Cal.: Google’s email search scanning for CP was a private search; DHS’s separate search was “not a significant expansion”

Google’s scanning of email for child pornography is a private search. The DHS review of defendant’s emails wasn’t a significant expansion of the private search. United States v. Wilson, 2017 U.S. Dist. LEXIS 98432 (S.D. Cal. June 26, 2017):

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N.D.Fla.: Entry onto 3-4 acre plot for knock-and-talk lawfully entered curtilage

Defendant lived on a 3-4 acre plot, and police lawfully entered through an open gate to conduct a knock-and-talk at defendant’s door. Exactly where the curtilage ends isn’t clear, but it certainly was close to the house where they were. … Continue reading

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E.D.Ky.: Google not a state actor when it scans email for CP and reports it

Google scans all its email for child porn hash values, examines those that are suspect, and reports it to NCMEC. Neither Google nor NCMEC are government actors. United States v. Miller, 2017 U.S. Dist. LEXIS 97383 (E.D. Ky. May 19, … Continue reading

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NYTimes: Why We Shouldn’t Drug Test Poor People

NYTimes: Why We Shouldn’t Drug Test Poor People by Jamila Michener and Julilly Kohler-Hausmann President Trump with Gov. Scott Walker of Wisconsin this month. Credit Doug Mills/The New York Times The Senate Republicans’ stalled effort to repeal the Affordable Care … Continue reading

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GA: A field sobriety test is not a “search”

A field sobriety test is not a “search,” recognizing authorities to the contrary. Mitchell v. State, 2017 Ga. LEXIS 545 (June 26, 2017):

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