Daily Archives: August 1, 2017

OR: State’s inevitable discovery argument was speculative and rejected

The state’s argument that the finding of a used syringe and a “cooker” on him would have been found lawfully anyway during a patdown was based on speculation the court can’t accept. State v. Sigfridson, 287 Ore. App. 74, 2017 … Continue reading

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The Hill: Digital privacy bill still abandons probable cause for our papers

The Hill: Digital privacy bill still abandons probable cause for our papers by Mark J. Fitzgibbons

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OR: Three on preservation of search issues at the suppression hearing

Defendant preserved his argument that officer safety was not a valid justification in his memorandum of law, and that put the state and the trial court on notice that was an issue the state had to address, and didn’t. State … Continue reading

Posted in Burden of pleading, Burden of proof | Comments Off

How to Respond to Cops Who Want Your Passwords

How to Respond to Cops Who Want Your Passwords by Stephanie Lacambra of EFF (Prezi presentation)

Posted in Cell phones, Computer searches | Comments Off

NYLJ: Executing Search Warrants in the Digital Age: ‘United States v. Wey’

NYLJ: Executing Search Warrants in the Digital Age: ‘United States v. Wey’ by Robert J. Anello & Richard F. Albert:

Posted in Computer searches, Warrant execution | Comments Off

ABA Litigation News: Alexa, How Private Is My Home?

ABA Litigation News (Summer 2017): Alexa, How Private Is My Home? by Carl A. Aveni (online title: How Private Is Your Home in the Age of Alexa?)

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S.D.Tex.: Border Patrol had RS two vehicles were traveling in tandem during midnight border crossing

The Border Patrol officer had reasonable suspicion to stop defendant’s vehicle for transporting persons across the border in the trunk. Defendant got past the checkpoint, but another officer’s suspicions of a following car were heightened. After two were found in … Continue reading

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