Daily Archives: October 29, 2017

KS: That def’s relative owned a black Explorer and it had been parked at def’s house wasn’t RS to stop it

Stopping a car because a relative of the wanted defendant owned it and it had been seen at defendant’s house wasn’t reasonable suspicion for a stop. State v. Carr, 2017 Kan. App. LEXIS 78 (Oct. 27, 2017):

Posted in Reasonable suspicion | Comments Off

OR: No REP in a camera and SD card left recording in a Starbucks bathroom

Defendant left a camera disguised as a cell phone charger in a Starbucks bathroom. It was found by a customer and turned over to the store manager. The manager believed it to be a camera, opened the back, and found … Continue reading

Posted in Abandonment, Reasonable expectation of privacy | Comments Off

CA6: Facebook messenger SW was not overbroad because limited in time

Defendant’s guilty plea waived any suppression motion because there was no ruling to appeal. On the merits, the search warrant here was not overbroad. The Facebook search warrant sought only five months of information related to sex with minors. It … Continue reading

Posted in E-mail | Comments Off

S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

Pole camera surveillance of defendant’s house for 21 months didn’t violate Fourth Amendment. He had a subjective reasonable expectation privacy, but it’s not one that society is prepared to recognize as reasonable. The court traces Katz to Jardines, and concludes … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy, Trespass | Comments Off

NYLJ: Battle Over Emails Stored Overseas Reaches Supreme Court

NYLJ: Battle Over Emails Stored Overseas Reaches Supreme Court by Philip C. Patterson & Vera M. Kachnowski: In their International Criminal Law and Enforcement column, Philip C. Patterson and Vera M. Kachnowski discuss a case which highlights a recurring tension … Continue reading

Posted in E-mail | Comments Off