Daily Archives: July 6, 2017

D.Ariz.: 4A does not apply to non-U.S. person’s emails sent from overseas but stored in U.S.

The Fourth Amendment does not apply to court orders to obtain emails of a non-U.S. person created and sent from outside the country but stored in the U.S. Even if it did, the orders complied with the Fourth Amendment. United … Continue reading

Posted in E-mail | Comments Off

CO: Def’s visiting father opened hotel room door in response to a knock; she didn’t object and her statements are not suppressed

The police officer had entered defendant’s hotel room after her father, who did not live in the hotel room, opened the door in response to the officer’s knock. The court of appeals (unpublished) concluded that suppression was required because Stock’s … Continue reading

Posted in Consent | Comments Off

OH7: Book bag in trailer not subject to search incident after defendant handcuffed and in police car

Defendant’s book bag in a towed trailer was not subject to search incident under Gant after he’d been arrested and was in the backseat of the patrol car [if ever]. State v. Johnson, 2017-Ohio-5708, 2017 Ohio App. LEXIS 2744 (7th … Continue reading

Posted in Search incident | Comments Off

ND unconstitutionally shifts burden of proof to def to show she was not seized

A car with two passengers was pulled over for a headlight violaiton, and the driver gave a false name and had a warrant. She was arrested. A drug dog was called. The defendant passenger was free to leave at the … Continue reading

Posted in Burden of proof | Comments Off

ND: Entry by bail bond bounty hunters with police at perimeter declining to help was a private search

Three bail bond bounty hunters arrived at defendant’s house to take defendant’s brother into custody. Getting no response at the door, they called police for backup. Officers arrived and confirmed that they had a warrant for defendant’s brother and agreed … Continue reading

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NYTimes: U.S. Citizen Detained by Mistake Sues Miami-Dade Over Immigration Enforcement

NYTimes: U.S. Citizen Detained by Mistake Sues Miami-Dade Over Immigration Enforcement by Caitlin Dickerson: Immigration lawyers in Miami-Dade County are challenging its practice of jailing people on behalf of federal immigration authorities, in a case that could test the Trump … Continue reading

Posted in Seizure | Comments Off

Techno Examiner: Facebook Gag Order For User Account Search Warrants

Techno Examiner: Facebook Gag Order For User Account Search Warrants by Juliana Dante:

Posted in E-mail, Surveillance technology | Comments Off

IA declines to abandon automobile exception just because of availability of electronic warrants

Iowa declines to abandon the automobile exception just because technological advances make it possible to apply for telephone or email warrants from the scene of a search. Other states attempted that and reverted back to the automobile exception. State v. … Continue reading

Posted in Uncategorized | Comments Off

OH2: Motion to suppress was vague and def didn’t clarify at hearing; appeal argument waived

The motion to suppress was vague, and defendant got a hearing. When the prosecutor complained about the vagueness and what the issues were, defense counsel didn’t elaborate. On appeal, the issues were more focused. The court of appeals takes this … Continue reading

Posted in Burden of pleading, Probable cause | Comments Off