Daily Archives: September 14, 2017

OH: Def has no standing in place of another that he was arrested in, so Steagald provides him no relief

Defendant could not show he had a reasonable expectation of privacy in the premises of a third person, although he was the person being looked for. The court discusses Steagald and the Ninth Circuit’s en banc Underwood (1983, Treatise §§ … Continue reading

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KY: Search incident of a cell phone between Riley cert grant and decision was unreasonable; no binding authority in state, so no GFE

Defendant’s cell phone was subjected to a search incident for it’s data between the cert grant in Riley and the decision. Riley was a new rule and retroactive. There was no binding authority in Kentucky at the time, so the … Continue reading

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ACLU and EFF sue over border searches of smartphones

WaPo: Agents are increasingly searching smartphones at the border. This lawsuit wants to limit that. Fortune: ACLU, EFF Sue to Stop Phone, Laptop Searches at the Border NYTimes: Forced Searches of Phones and Laptops at US Border Are Illegal, Lawsuit … Continue reading

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Recorder: This California Bill Would Restrict Immigration Enforcement in State Courts

Recorder: This California Bill Would Restrict Immigration Enforcement in State Courts by Cheryl Miller: A Los Angeles lawmaker says he’ll pursue a bill in January that would bar federal immigration agents from arresting or questioning undocumented immigrants in state courthouses unless … Continue reading

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Atlantic: Can Cops Force You to Unlock Your Phone With Your Face?

Atlantic: Can Cops Force You to Unlock Your Phone With Your Face? by Kevah Waddell: Apple’s new Face ID technology raises questions about constitutional protections for personal devices.

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The Hill: Sessions, Coats push for permanent renewal of controversial surveillance law 

The Hill: Sessions, Coats push for permanent renewal of controversial surveillance law by Katie Bo Williams  The nation’s top law enforcement leader and top spy on Monday urged Senate and House leadership to permanently renew a widely used but controversial U.S. … Continue reading

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OR: Global plea agreement to dispose of 40 charges from a crime spree wasn’t IAC where no motions to suppress were shown plausible and plea clearly favored defendant

After becoming addicted to opiods for treatment from a injury, defendant went on a crime spree committing over 40 offenses. His attorney worked out a favorable global resolution of the case. Once in the pen, with buyer’s remorse, defendant decided … Continue reading

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CA6: Habeas claim was truly 4A based and barred by Stone v. Powell

2254 petitioner’s habeas claim was based solely on the Fourth Amendment and wasn’t at all a due process claim as he says. Thus, it’s bared by Stone v. Powell, and the COA is denied. Hoffman v. Harris, 2017 U.S. App. … Continue reading

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Recorder: DOJ: Google Won’t Fight New Warrants for Overseas Data

Recorder: DOJ: Google Won’t Fight New Warrants for Overseas Data by Ben Hancock The development marks a reversal of the company’s legal strategy on the issue of law enforcement access to data stored abroad.

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CA9: “What is probable cause?” “What do you want it to be?”

Under the totality of circumstances, there was probable cause to search defendant’s truck under the automobile exception. Judge Kozinski dissents, finding nothing remotely approaching probable cause and finding this a dangerous case for the citizenry. United States v. Faagai, 2017 … Continue reading

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