Daily Archives: October 24, 2017

EFF: EFF and ACLU Ask Appeals Court to Find Section 702 Surveillance Unconstitutional

EFF: EFF and ACLU Ask Appeals Court to Find Section 702 Surveillance Unconstitutional by Andrew Crocker: As Congress considers reforming Section 702, the NSA’s warrantless surveillance authority, EFF and ACLU are asking a federal court of appeals in New York … Continue reading

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MA: Nexus shown between murder and def’s computer having relevant evidence on it

The state showed nexus to defendant’s laptop and the victim’s murder. Defendant had forged documents on a computer before, and it was reasonable to conclude that similar events happened here by defendant’s hand. Defendant was well experienced in using computers … Continue reading

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CA9: Ptf has to plead well established law was violated for § 1983

Plaintiff has the burden of pleading well established law was violated by defendants’ conduct. Here, the law was “murky” on whether the actions of the plaintiff was probable cause. Thus, the officers get qualified immunity. Burgan v. Nixon, 2017 U.S. … Continue reading

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OH3: It’s not constitutionally required that the triggering condition of an anticipatory SW be stated

The triggering condition for the anticipatory search warrant was provided for in the warrant, but that’s not constitutionally required. It did not matter that defendant was a guest in the premises. There was a fair probability that the triggering conditions … Continue reading

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Reason: Sens. Rand Paul and Ron Wyden Unveil Long-Awaited, Privacy-Protecting Surveillance Reform Bill

Reason: Sens. Rand Paul and Ron Wyden Unveil Long-Awaited, Privacy-Protecting Surveillance Reform Bill by Scott Shackford The Fourth Amendment matters to some legislators.

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NM: Citizen informant’s call about erratic driving was RS for stop when the vehicle was found

Citizen informant’s call to the police about erratic driving was reasonable suspicion for defendant’s stop when the car was found. State v. Tidey, 2011-NMCA-068, 2017 N.M. App. LEXIS 103 (Oct. 17, 2017). The stop was justified by a lane change … Continue reading

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NACDL: Protecting Your Digital Devices at the Border, A Criminal Defense Lawyer’s Primer

NACDL: Protecting Your Digital Devices at the Border, A Criminal Defense Lawyer’s Primer (October 2017): Courts have long made it clear that agents can search the bags of people entering the country. For the past decade or so, U.S. Customs … Continue reading

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CNET: Microsoft drops suit over Justice Dept.’s secret data requests

CNET: Microsoft drops suit over Justice Dept.’s secret data requests by Steven Musil: The move comes after the Justice Department says it would scale back demands for customer data without their knowledge. WaPo: Justice Department moves to end routine gag … Continue reading

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EFF: FBI Director Wray is Wrong About Section 702 Surveillance

EFF: FBI Director Wray is Wrong About Section 702 Surveillance by David Ruiz: Newly-minted FBI Director Christopher Wray threw out several justifications for the continued, warrantless government search of American communications. He’s wrong on all accounts. 

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