Monthly Archives: October 2017

CA6: Plf’s stipulation there was PC in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts

Plaintiff’s stipulation there was probable cause in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts. Grise v. Allen, 2017 U.S. App. LEXIS 21358 (6th Cir. Oct. 26, 2017). The … Continue reading

Posted in § 1983 / Bivens, Probable cause, Reasonable suspicion | Comments Off

CA5: Search of wrong house leads to liability: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely because someone else was leading the search.”

Sloppy police work leading to a search of the wrong house on a warrant leads to loss of qualified immunity: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely … Continue reading

Posted in § 1983 / Bivens, Particularity, Qualified immunity | Comments Off

D.N.M.: Def doesn’t make a sufficient showing of some discriminatory effect to get further discovery of selective enforcement

Defendant doesn’t make a sufficient showing of some discriminatory effect to get further discovery of selective enforcement against African-Americans. United States v. Laneham, 2017 U.S. Dist. LEXIS 176486 (D. N.M. Oct. 25, 2017):

Posted in Pretext | Comments Off

CA7 en banc: Conviction affirmed for gun seen while allegedly “parking while black”

Stopping a car 7′-8′ from crosswalk for illegal stopping was reasonable under the all the facts. It necessitated a brief stop to issue a ticket, and officers saw a gun. Whren doesn’t apply just to moving offenses and not fine-only … Continue reading

Posted in Seizure | Comments Off

Just Security: Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say?

Just Security: Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? by Ryan Goodman:

Posted in Computer searches, Stored Communications Act | Comments Off

Reason: Rand Paul Worries Whether Surveillance Reform Will Even Be Debated in Senate

Reason: Rand Paul Worries Whether Surveillance Reform Will Even Be Debated in Senate by Scott Shackford: Sen. Rand Paul (R-Ky.) is concerned his peers will attempt to reauthorize and possibly even expand the federal government’s surveillance powers without any public … Continue reading

Posted in FISA | Comments Off

Wired: Supreme Court’s Cell Phone Tracking Case Could Hurt Privacy

Wired: Supreme Court’s Cell Phone Tracking Case Could Hurt Privacy by Nick Sibilla

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

NYTimes: Seeing Danger in a Face

NYTimes: Seeing Danger in a Face by Alex Bastian SF ADA detained at SFO coming back from Greece and Armenia

Posted in Border search | Comments Off

Outside the Beltway: Amazon Would Like The Key To Your House

Outside the Beltway: Amazon Would Like The Key To Your House by Doug Mataconis:  ·   Amazon is preparing to offer a new level of delivery service that would allow delivery persons to gain access to your house so they can leave … Continue reading

Posted in Surveillance technology | Comments Off

OH3: PO officer asking LEO to assist in probation search didn’t make it unreasonable

The probation search of defendant’s house was valid. The probation officer was acting on a tip that defendant had a meth lab in the house. Task force officers aided in the search. No meth lab was found, so the PO … Continue reading

Posted in Consent, Probation / Parole search | Comments Off