Daily Archives: July 14, 2017

N.D.Miss.: Heck bar doesn’t apply to search preceding arrest, but action stayed pending criminal case

Plaintiffs’ claim for illegal search and seizure at an internet café resulting in a criminal prosecution is not barred by Heck. The action is stayed, however, pending the outcome of the plaintiffs’ criminal trial. Moore v. Miss. Gaming Comm’n, 2017 … Continue reading

Posted in § 1983 / Bivens | Comments Off

D.N.J.: Google has to produce emails stored overseas

Google responds to subpoenas and search warrants for email accounts from its California headquarters. The fact that the actual data may be stored in a server in another country doesn’t matter–Google still has to produce. In re Search Warrant to … Continue reading

Posted in F.R.Crim.P. 41, Scope of search | Comments Off

NE: Driver’s refusal to get out of car can be offense of refusal to obey lawful order

Because an officer can order a vehicle occupant out of a car under the Fourth Amendment (here because he couldn’t hear the driver because of a nearby ambulance), the occupant can be convicted of failure to obey a lawful order. … Continue reading

Posted in Consent, Reasonableness, Seizure | Comments Off

NJ rejects a RS requirement for all vehicle dog sniffs

New Jersey adopts the Fourth Amendment standard of Rodriguez, and reasonable suspicion is not required for a dog sniff of a car unless the stop is prolonged for the sniff beyond the mission of the stop. State v. Dunbar, 2017 … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

TX13: Untested hospital drawn blood sample has to be obtained by SW not subpoena

Defendant was in a car wreck and hospitalized. The other person in the wreck died. At the hospital, he was treated and released, but blood was drawn for medical purposes but never analyzed by the hospital. The officer obtained a … Continue reading

Posted in Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

ABAJ: Orlando cops pull over black state attorney, and the video goes viral

ABAJ: Orlando cops pull over black state attorney, and the video goes viral by Debra Cassens Weiss: Body cam video of Orlando police officers pulling over Florida’s only black state attorney has gone viral after some commentators suggested the stop … Continue reading

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CNET: US Border Patrol says it won’t search travelers’ cloud data

CNET: US Border Patrol says it won’t search travelers’ cloud data by Steven Musil Clarification came in response to the senator’s questions about border agents pressuring Americans into providing device credentials. Endgadget: US Customs can search phones but not data … Continue reading

Posted in Border search, Cell phones, Computer searches | Comments Off