Daily Archives: October 10, 2017

WaPo: Commit a crime? Your Fitbit, key fob or pacemaker could snitch on you.

WaPo: Commit a crime? Your Fitbit, key fob or pacemaker could snitch on you. by Justin Jouvenal: With no witnesses other than Richard, detectives turned to the vast array of data and sensors that increasingly surround us. An important bit … Continue reading

Posted in Surveillance technology | Comments Off

Marianas Variety: AG says random drug tests in GovGuam forbidden, with some exemptions

After seeing at least a half dozen news articles on this, finally I’ll post something while Guam still exists: Marianas Variety: AG says random drug tests in GovGuam forbidden, with some exemptions:

Posted in Drug or alcohol testing | Comments Off

D.Mass.: Being jailed is not an abandonment of property in a storage unit

“The court acknowledges the government’s point that Moran did not retain a key to the storage unit once he was jailed, and that Moran had appeared perfectly amenable to the bags being placed in Alysha’s more heavily-trafficked apartment rather than … Continue reading

Posted in Abandonment, Apparent authority | Comments Off

CA11: Parolee has no REP where he stays

Officers had cause for a protective sweep as well as consent from defendant’s girlfriend to search her apartment where he often stayed. A shotgun was in plain view. Defendant also had no standing because he was a parolee. United States … Continue reading

Posted in Knock and talk, Probation / Parole search, Reasonable expectation of privacy, Standing | Comments Off

CA6: Search incident permitted for arrest on parole absconder warrant

Search incident to arrest is proper on an arrest on parole absconder warrant. Witzke v. Bradley, 2016 U.S. App. LEXIS 23965 (6th Cir. Dec. 30, 2016). The officer developed reasonable suspicion to continue the stop to bring in the drug … Continue reading

Posted in Probation / Parole search, Search incident | Comments Off

M.D.Pa.: Even though PA requires PC for certain traffic stops, 4A doesn’t

Pennsylvania’s requirement of probable cause for lane violations isn’t binding in federal court under the Fourth Amendment. “Accordingly, even though a Pennsylvania court may have held that Officer Sampere required probable cause to pull Defendant over for a violation of … Continue reading

Posted in Conflict of laws, Reasonableness | Comments Off

WA: Periodic pretrial urine testing for DUI violated state constitution

The conditions of periodic urine testing imposed on the defendants as a condition of pretrial release for DUI were invalid under the state constitution because the defendants did not suffer a diminution in their privacy interests sufficient to justify the … Continue reading

Posted in Consent, Drug or alcohol testing, State constitution | Comments Off

DE: Warrantless entry into def’s home seeking a man for questioning in a week old murder violated 4A

Police had no warrant to enter defendant’s house looking for another person for questioning in a robbery-homicide, not to arrest him. The alleged need for a security sweep violated the Fourth Amendment because the police were searching for a third … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off