Daily Archives: November 1, 2017

WaPo: Debate on ‘Carpenter v. United States,’ the Fourth Amendment cell-site case

WaPo: Debate on ‘Carpenter v. United States,’ the Fourth Amendment cell-site case by Orin Kerr: Last Thursday, I participated in an excellent debate on Carpenter v. United States, the pending Fourth Amendment case on government access to historical cell-site records. … Continue reading

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Just Security: Opinion: Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

Just Security: Opinion: Can Defense Counsel Ever Be Lawfully Surveilled by the Government? by Charles J. Dunlap, Jr.: Could there be any circumstance where the surveillance of defense counsel in a terrorism case might be ‘defensible’?

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Newsweek: Opinion: So If Police Body Cams Don’t Work, What’s the Solution?

Newsweek: Opinion: So If Police Body Cams Don’t Work, What’s the Solution? by Josephy Marguilies: The police must become part of a robust partnership involving the community and other municipal agencies. Collectively and creatively, the members of this partnership must … Continue reading

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D.Kan.: AOL’s TOS deny an objective REP in CP transmitted by email (on remand from CA10)

In the district court’s original opinion, reversed for reconsideration in United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the district court assumed defendant had a reasonable expectation of privacy in his emails. On remand, the court determines that … Continue reading

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CA11: Franks challenge fails; officer’s frank admission of mistake [apparently] helped show mere negligence in including it

The mistake in the affidavit was just negligent and it didn’t undermine the probable cause at all. Besides that, there was an independent source for all the information in the warrant that was probable cause. United States v. Reddick, 2017 … Continue reading

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GA: Def not compelled to perform breath tests, so no self-incrimination issue

Defendant was not compelled to perform breath tests, so the Fifth Amendment’s self-incrimination clause did not apply. State v. Council, 2017 Ga. App. LEXIS 531 (Oct. 30, 2017).* In a Franks challenge, “The Court is tasked with reassessing the probable … Continue reading

Posted in Drug or alcohol testing, Franks doctrine | Comments Off

OH11: Admin SW for hoarding was issued with PC and wasn’t stale

Defendant here was referred to as “having a hoarding issue” because of a growing collection of junk in his yard and up against his house that was flammable and attractive to rodents. He was prosecuted for the exterior junk and … Continue reading

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U.S. Sentencing Guidelines 30 years old today

The U.S. Sentencing Guidelines went into effect November 1, 1987, though they were at least three years in production. The U.S. Sentencing Commission has numerous publications on dealing with Guideline issues. All changes go into effect November 1st each year. … Continue reading

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