Daily Archives: September 5, 2017

FL5: Def made a prima facie case for IAC to get a hearing on his claim that defense counsel was ineffective for not moving to suppress a warrantless entry onto rural curtilage

Defendant stated a sufficient basis for ineffective assistance of counsel for defense counsel’s failure to file a motion to suppress the entry into the curtilage of his house from which officers could smell marijuana. Remanded for a hearing. Guevara v. … Continue reading

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ctovision: FBI vs Apple: Lessons From History and The Law on Protecting Privacy Rights

ctovision: FBI vs Apple: Lessons From History and The Law on Protecting Privacy Rights by Arnold Abraham: Editor’s note: This is the fourth in a five-part series on this topic. This examination by Arnold Abraham provides insights and nuanced lessons … Continue reading

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MD: Officer’s affidavit that said that cell phones are often used in violent crimes to document the crime was sufficient PC for warrant for phone

“The affidavit in support of the search warrant provided a substantial basis for the warrant-issuing judge to find probable cause to search Appellant’s cell phone where the warrant affidavit stated that Appellant was arrested and found with an assault victim’s … Continue reading

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OR: A general motion to suppress saying only that the state has to justify a warrantless search was properly struck

The trial court did not err in striking defendant’s motion to suppress for failing to cite authority. “Furthermore, as noted, defendant’s motion was not accompanied by a brief or supporting memorandum providing such authority. Thus, defendant’s motion did not satisfy … Continue reading

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MN: Dog sniff at apartment door violates 4A and state const.

A dog sniff at an apartment door violates both the Fourth Amendment and the Minnesota Constitution, considering it under the “privacy rights” analysis of Jardines’s concurrence (also accepted by CA7). Whether it is a house or an apartment, it’s still … Continue reading

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NLJ: DreamHost Appeals Warrant Seeking Data on Trump Inauguration Protests

NLJ: DreamHost Appeals Warrant Seeking Data on Trump Inauguration Protests by Michael Booth:

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