Daily Archives: August 12, 2017

ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices

ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices by Debra Cassens Weiss:

Posted in Border search, Cell phones | Comments Off

Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text

Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text by Ilya Shapiro re Cato’s Carpenter amicus brief:

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

CA11: Def stated enough to get a hearing on a 4A IAC claim in his 2255 action

Defendant raised a colorable claim of a Fourth Amendment violation and ineffective assistance in not pursuing it. Therefore, the district court erred in just assuming defendant would lose on any motion to suppress without a hearing. Reversed. Spriggs v. United … Continue reading

Posted in Ineffective assistance | Comments Off

Trump team lawyer doesn’t understand search warrant process

Trump team lawyer doesn’t understand search warrant process, from Trump lawyer John Dowd: Robert Mueller’s team using tactics employed ‘in Russia not America’ by Anna Giaritelli in the Washington Examiner:

Posted in Warrant execution | Comments Off

CA10: CSLI is third-party information

Noting pendency of Carpenter, the Tenth Circuit finds CSLI third-party records and they are bound to apply the third-party doctrine. United States v. Thompson, 2017 U.S. App. LEXIS 14551 (10th Cir. Aug. 8, 2017). Defendant had a warrantless search condition … Continue reading

Posted in Cell site location information, Probation / Parole search, Third Party Doctrine | Comments Off

MI: Leaving backpack in car def was ordered out of was a lack of standing when the car got searched

Defendant lacked standing in his own backpack in a vehicle that was subject to search for impoundment for having no valid LPN under People v. LaBelle, 478 Mich. 891, 732 N.W.2d 114 (2007). The motion to suppress was properly denied. … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

N.D.Ala.: Taint team not required for this document and ESI search, and that part of process vacated

The USMJ’s requirement of a taint team to review the materials seized in execution of the search warrant is unnecessary in this case and not required by the Fourth Amendment, and it is set aside. United States v. Sealed Search … Continue reading

Posted in Warrant execution, Warrant requirement | Comments Off

D.Minn.: The gov’t cites a three-way circuit split on standing in a rental car; the circuit authority controls

Defendant was driving a rental car with permission of the renter, and that gives him standing in this circuit. There is a three way circuit split, and this court can’t resolve that. United States v. Bettis, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Immigration checkpoints, Standing | Comments Off

WI: While RS might not have existed for a pro forma patdown, the officer had RS when this one happened

Defendant and his passenger ran out of gas on a freeway, and an officer came along to help. He was going to take them to the next gas station, and he planned to frisk them before putting them in the … Continue reading

Posted in Reasonable suspicion | Comments Off