Daily Archives: August 23, 2017

E.D.Va.: While def’s Navy commander in CA couldn’t authorize military search on a base in VA, GFE applies

Defendant was in the Navy, and, due to a potential rape allegation against him, a pretext text message was sent to him by NCIS on behalf of the alleged victim. Defendant was stationed in San Diego, but he was in … Continue reading

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IL: 911 call about a beating in a house supported emergency entry and plain view; without record of suppression hearing, trial testimony can be used on appeal

911 was called because defendant had just beaten an alleged prostitute and people heard glass breaking and her yelling for help. Defendant admitted beating her. He failed to include a copy of the record of the suppression hearing in his … Continue reading

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CA7: RS man was casing a store for robbery made it reasonable to believe he was armed for a frisk

The cases that apply to plaintiff’s Terry stop don’t necessarily apply to plaintiff’s frisk. Here, the precedents were too dissimilar, and defendants are entitled to qualified immunity for the frisk. Plaintiff was a “suspicious person” believed to be casing a … Continue reading

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CA5: There is a common law right of access in SW materials by the target of the search

A search target has a common law right of access to the search warrant materials, but the case is remanded to the district court for more factual findings of why the target can’t get access. [The target did not raise … Continue reading

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ZDNet: DOJ amends request for data from anti-Trump site

ZDNet: DOJ amends request for data from anti-Trump site by Stephanie Condon The Justice Department attempts to allay First and Fourth Amendment concerns but continues to seek data on visitors to an anti-Trump website. Infosecurity: DoJ Narrows Demands for Anti-Trump … Continue reading

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