Daily Archives: August 18, 2017

W.D.Mo.: Parked RV hooked up to water and electricity with satellite dish on roof with grill and trashcan outside wasn’t subject to automobile exception

Defendant’s RV was being used as a residence when it was searched, and the automobile exception does not apply. Because it was a residence, the search warrant didn’t specify it within the residences to be searched in the search warrant, … Continue reading

Posted in Automobile exception, Particularity | Comments Off

American Conservative: Feds Searching Record Number of Our Personal Devices at the Border

American Conservative: Feds Searching Record Number of Our Personal Devices at the Border by Frank Miniter In the name of ‘Homeland Security.’

Posted in Border search, Computer searches | Comments Off

PA & CA2: Approaching def to talk to him about what’s in his bag was not a seizure

“Consistent with this precedent, we find the officers did not subject Appellant to a seizure when they approached him in a public place and asked him what was inside his bag. The interaction remained a mere encounter as the officers … Continue reading

Posted in Burden of pleading, Seizure | Comments Off

D.D.C.: SCA allows SW for Google email stored overseas

Google’s storing information overseas doesn’t make it immune to a court order in the U.S., disagreeing with the Second Circuit’s Microsoft I decision. In re Search of Information Associated with [Redacted]@gmail.com that is Stored at Premises Controlled by Google, Inc., … Continue reading

Posted in E-mail | Comments Off

D.Minn.: Omission of CI’s criminal history didn’t mislead magistrate or wasn’t material to PC finding

Failing to include the CI’s criminal history didn’t mislead the magistrate issuing the warrant, and there was probable cause in any event, even without including it. Moreover, the issuing magistrate would have to fairly conclude the CI had criminal involvement. … Continue reading

Posted in Franks doctrine | Comments Off