Daily Archives: July 31, 2017

WaPo: Former Ariz. sheriff Joe Arpaio, who took extreme stance on immigration, is convicted of criminal contempt [including 4A violations, with opinion link]

WaPo: Former Ariz. sheriff Joe Arpaio, who took extreme stance on immigration, is convicted of criminal contempt by Matt Zapotosky. Opinion link below. Arpaio was also found to have violated the Fourth Amendment rights of detainees: Courthouse News Service: Judge … Continue reading

Posted in Uncategorized | Comments Off

WaPo Editorial: Police brutality is no joke, Mr. President

WaPo Editorial: Police brutality is no joke, Mr. President:

Posted in Excessive force | Comments Off

Minneapolis Star Tribune: Opinion: Here’s why the new Minneapolis body camera policy isn’t clearer about consequences

Minneapolis Star Tribune: Opinion: Here’s why the new Minneapolis body camera policy isn’t clearer about consequences by Adam Belz:

Posted in Body cameras | Comments Off

CAAF: Digital SWs have to expire sometime, so here it was with def’s conviction; search after that unreasonable

A search warrant had issued for defendant’s thumb drive, but it hadn’t been searched. He was convicted of the crime for which the search warrant had issued. There are no specific time limits for when a digital search has to … Continue reading

Posted in Computer searches | Comments Off

MD: Court order to access def’s location from murder victim’s cell phone by cell site simulator was in good faith

The use of a cell site simulator to find defendant who was suspected of having taken his alleged murder victim’s cell phone was done in objective good faith because officers relied on an order to initiate the tracking. [Since Maryland … Continue reading

Posted in Cell site location information, Stingray / Hailstorm | Comments Off

D.Utah: DEA SDT to Utah’s prescription database was reasonable and didn’t offend 4A; state law requires SW for access

The DEA, via authority of the AG, issued an administrative subpoena under 21 U.S.C. § 876(a) to the Utah prescription drug database for information on a particular user. Utah statute required a search warrant. The state and intervenors showed standing … Continue reading

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

NY3: Def’s live-in girlfriend shared premises and had apparent authority to consent

Defendant’s girlfriend with whom he lived had apparent authority to consent to a search of their joint premises. People v. Gray, 2017 NY Slip Op 05873, 2017 N.Y. App. Div. LEXIS 5809 (3d Dept. July 27, 2017).* There were two … Continue reading

Posted in Apparent authority, Inevitable discovery | Comments Off

TX4: Seizure and search of teacher’s cell phone by school administrator was private and not subject to TX statutory exclusionary rule

Defendant was a substitute teacher, and his cell phone was used to upskirt girls in the school. Some of the students figured it out and reported it to the school administration. One of the administrators confronted defendant and he admitted … Continue reading

Posted in Private search | Comments Off

NH: SW jurisdictional argument has to be presented to trial court first

Defendant’s jurisdictional argument that AOL’s emails were in Virginia and not amenable to a New Hampshire search warrant wasn’t presented to the trial court, so it’s waived. State v. Bergeron, 2017 N.H. LEXIS 143 (June 30, 2017). [Note: Jurisdiction of … Continue reading

Posted in Burden of proof, Warrant requirement | Comments Off

DE: Stop exceeded its justification; seizure of money in backpack unreasonable

The owner of cash in this forfeiture action showed that the stop exceeded the time necessary for writing a ticket for a seat belt violation, so he prevails in the forfeiture of his cash seized from a backpack in the … Continue reading

Posted in Reasonable suspicion | Comments Off