Daily Archives: August 8, 2017

The Hill: Congress must act to protect data privacy before courts make surveillance even easier

The Hill: Congress must act to protect data privacy before courts make surveillance even easier by Ashley Baker:

Posted in Surveillance technology, Third Party Doctrine | Comments Off

OH2: Particularity and scope of search have to be raised and litigated to preserve for review

Claims of particularity and scope of search have to be raised and litigated in the trial court to appeal them. State v. Terrell, 2017-Ohio-7097, 2017 Ohio App. LEXIS 3224 (2d Dist. Aug. 4, 2017). Tossing a gun in flight from … Continue reading

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

D.Kan.: Conflicts in govt’s testimony doesn’t support its claim of consent

The testimony about whether the officers asked to come in to talk just because it was cold outside or because they wanted to ask questions in an investigation was unclear. Therefore, the court concludes that the government did not meet … Continue reading

Posted in Consent | Comments Off

M.D.Ala.: A “Car-Mart” advertisement in place of the license plate was RS for a stop to inquire whether vehicle just purchased or not

“Thus, having viewed the ‘Car-Mart’ advertisement serving as Defendant’s license tag or plate, Cpl. Williams possessed reasonable suspicion to believe that Defendant was in violation of those laws” about getting a car licensed within 20 days of purchase, so the … Continue reading

Posted in Collective knowledge, Reasonable suspicion | Comments Off