Daily Archives: August 2, 2017

NY1: Staying “on and off” with an uncle for many years, getting mail there, storing all his clothes there gave standing

The trial court erred in finding that defendant lacked standing to challenge the propriety of the search of the apartment because defendant’s uncle, who resided in the apartment, told the police that defendant had stayed with his family “on and … Continue reading

Posted in Apparent authority, Standing | Comments Off

CA8: Code inspectors’ entry into common areas of rental property wasn’t 4A violation

City code inspectors’ entries into the common areas of plaintiff’s “historically unmanageable rental properties” did not violate the Fourth Amendment for lack of a reasonable expectation of privacy in those places. His claims as to allegedly protected areas was waived. … Continue reading

Posted in Administrative search, Arrest or entry on arrest, Reasonable expectation of privacy | Comments Off

Federal “war on drugs” started “80 Years Ago Today: President Signs First Federal Anti-Marijuana Law”

NORML Blog: 80 Years Ago Today: President Signs First Federal Anti-Marijuana Law by Paul Armentano, NORML Deputy Director:

Posted in Uncategorized | Comments Off

N.D.Ga.: A Franks challenge has to be more than just an argument over interpretation of meaning of facts

When the Franks challenge is more of a different interpretation of facts, it doesn’t suffice. “And, frankly, Defendant is just arguing that a different interpretation should be placed on his conduct than Agent Cunningham’s interpretation – or most likely the … Continue reading

Posted in Franks doctrine | Comments Off

D.Nev.: An email warrant can be for servers outside the jurisdiction of the court

A search warrant for email can be for servers outside the jurisdiction of the court. United States v. McGuire, 2017 U.S. Dist. LEXIS 114471 (D. Nev. Feb. 9, 2017). The Coast Guard was surveilling Arroyo Quemada Beach in Santa Barbara … Continue reading

Posted in E-mail, F.R.Crim.P. 41, Reasonable suspicion | Comments Off

Politico: Sessions offers rare warning on dangers of police misconduct

Politico: Sessions offers rare warning on dangers of police misconduct by Josh Gerstein:

Posted in Police misconduct | Comments Off

The Guardian: ‘Anonymous’ browsing data can be easily exposed, researchers reveal

The Guardian: ‘Anonymous’ browsing data can be easily exposed, researchers reveal by Alex Hearn: A journalist and a data scientist secured data from three million users easily by creating a fake marketing company, and were able to de-anonymise many users.

Posted in Surveillance technology | Comments Off

NPR: U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court

NPR: U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court by Camila Domonoske: In a ‘botched’ investigation, Immigrations and Customs Enforcement kept Davino Watson, a U.S. citizen, imprisoned as a deportable alien for nearly … Continue reading

Posted in § 1983 / Bivens, Police misconduct | Comments Off

SCOTUSBlog: Symposium: A defense of the doctrine [Re Carpenter]

SCOTUSBlog: Symposium: A defense of the doctrine by David LaBahn, president and CEO of the Association of Prosecuting Attorneys (with links to other articles in the same vein):

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off

N.D.Ga. predicts CA11 would go with totality standard in standing in a borrowed rented car

Noting the different approaches of the circuits to the standing of a driver of a rental car who is not on the contract but operating with permission of the renter, the totality of circumstances test is adopted, and he lacks … Continue reading

Posted in Standing | Comments Off