Monthly Archives: August 2017

ABA Law Practice: Are Alexa and Her Friends Safe for Office Use?

Sharon D. Nelson & John W. Simek, Are Alexa and Her Friends Safe for Office Use?, 43 Law Practice No. 5, 26 (Sept.-Oct. 2017): The obvious question revolves around the security of these types of devices. Is Alexa safe to … Continue reading

Posted in Uncategorized | Comments Off

E.D.Mo.: Discovery denied on software used to search computer for CP as a PC issue when it was a P2P case; not material to that search

Defendant sought all kinds of information about how BitTorrent Downpour software worked to search his computer, but he fails to show how it is material to the finding of probable cause on a P2P sharing case. Discovery is denied. United … Continue reading

Posted in Uncategorized | Comments Off

CA9: Immigration removal appeal showed egregious 4A violation for stopping Latino because of his race where the stop wasn’t at the border

Defendant was stopped by the Coast Guard solely because he was Latino, and it wasn’t a border stop. The court finds it was an egregious violation of the Fourth Amendment, and defendant’s alienage is suppressed. Sanchez v. Sessions, 2017 U.S. … Continue reading

Posted in Uncategorized | Comments Off

CA11: A decade old cocaine conviction can be a factor in RS for a probation search

Defendant’s decade old cocaine conviction could be a factor in reasonable suspicion for a probation search. United States v. Riley, 2017 U.S. App. LEXIS 16233 (11th Cir. Aug. 25, 2017). The district court’s finding that the officers did not use … Continue reading

Posted in Uncategorized | Comments Off

GA: Knock-and-announce applies to a business search

In a search of a medical clinic with a search warrant, officers entered and fanned out through the premises with one officer presenting the search warrant to the receptionist. The knock-and-announce statute applies to any possible use of force, including … Continue reading

Posted in Uncategorized | Comments Off

CA9: Failure to cite authority for overbreadth in motion to suppress was waiver of issue

There was probable cause to search defendant’s home for evidence of child sexual exploitation based on the statement of the victim and her mother. Defendant’ overbreadth argument in the district court fails for not citing authority that it was overbroad; … Continue reading

Posted in Uncategorized | Comments Off

Ars Technica: Man in jail 2 years for refusing to decrypt drives. Will he ever get out?

Ars Technica: Man in jail 2 years for refusing to decrypt drives. Will he ever get out? by David Kravets:

Posted in Uncategorized | Comments Off

CA8: No QI immunity for arrest for obstruction of man video recording arrest of wife from his doorway

Plaintiff awoke to hear a commotion in his front yard, and he saw officers with guns drawn on his handicapped wife. He stood in his doorway and questioned what they were doing and why, and he video recorded them. They … Continue reading

Posted in Uncategorized | Comments Off

CA10: That search violated CO Const. was not an issue for federal court (on habeas)

Petitioner’s habeas argument that the search of his home violated the Colorado Constitution has nothing to do with a federal conviction where the search complied with the Fourth Amendment. In any event, he already lost on that issue in the … Continue reading

Posted in Emergency / exigency, State constitution | Comments Off

OH1: Leaving drug house under surveillance for two weeks was RS

It was reasonable suspicion for defendant to visit a house under surveillance for two weeks as a drug house with detailed collection of information about comings and goings. State v. Donohue, 2017 Ohio App. LEXIS 3668 (1st Dist. Aug. 25, … Continue reading

Posted in Abandonment, Curtilage, Knock and talk, Reasonable suspicion | Comments Off