Daily Archives: October 15, 2017

WaPo: When is a Facebook ‘like’ a crime?

WaPo: When is a Facebook ‘like’ a crime? by Ann E. Marimow: The U.S. attorney’s office for D.C. told a judge Friday that the government has ‘little interest’ in obtaining the names of thousands of people who ‘liked’ the Facebook … Continue reading

Posted in Subpoenas / Nat'l Security Letters | Comments Off

N.D.Ill.: Compelling persons to provide fingerprints to unlock Apple devices doesn’t violation the self-incrimination clause of the Fifth Amendment

An order compelling persons to provide fingerprints to unlock Apple devices doesn’t violation the self-incrimination clause of the Fifth Amendment. In re Search Warrant Application for [Name Redacted by the Court], 2017 U.S. Dist. LEXIS 169384 (N.D. Ill. Sept. 18, … Continue reading

Posted in Cell phones | Comments Off

S.D.Ohio: “Failure to follow Internal Revenue manual does not mandate suppression of any evidence obtained in violation thereof.”

Tax records were collected in an audit.”Failure to follow Internal Revenue manual does not mandate suppression of any evidence obtained in violation thereof.” United States v. Wright, 2017 U.S. Dist. LEXIS 167300 (S.D. Ohio Oct. 10, 2017). “[I]f an objectively … Continue reading

Posted in Exclusionary rule | Comments Off

S.D.N.Y.: Exclusion warranted for stop without RS

Two plainclothes officers jumped out of a car and approached to men who fled. The court finds the officers didn’t identify themselves. This wasn’t reasonable suspicion, and the court finds exclusion warranted for the police conduct. United States v. Bell, … Continue reading

Posted in Exclusionary rule, Reasonable suspicion | Comments Off

D.Kan.: Consent to USM was to search for wanted man, and continuing search after finding him exceeded consent

Defendant’s consent was explicit: to search his house for a wanted man. When that man was found, the search had to end. Motion to suppress granted because officers exceeded the consent. United States v. Nelson, 2017 U.S. Dist. LEXIS 164992 … Continue reading

Posted in Consent, Scope of search | Comments Off

D.Nev.: Court gave a Franks hearing, but def didn’t make offer of proof to get one and failed on proof

Defendant got a suppression hearing to put on proof of a Franks violation, and he fails to show with any proof that the statements were reckless or material. Perhaps the court should have never ordered a hearing for a lack … Continue reading

Posted in Burden of pleading, Franks doctrine | Comments Off

M.D.Tenn.: 6 day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that PC dissipated

A six day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that the probable cause dissipated in the meantime, and defendant didn’t. United States v. Thirkill, 2017 U.S. Dist. LEXIS 166131 (M.D. Tenn. Oct. 5, … Continue reading

Posted in GPS / Tracking Data, Inventory | Comments Off

Two on RS for immigration stops on RS

The Brignoni-Ponce factors on the totality showed reasonable suspicion. Defendant’s attempt to isolate the factors and provide innocent explanations for all doesn’t work because of Arvizu: there is still reasonable suspicion on the totality. United States v. Rivero, 2017 U.S. … Continue reading

Posted in Immigration arrests | Comments Off