Daily Archives: November 5, 2017

EFF: Sen. Feinstein Supports “Backdoor” Warrants, So Why Don’t Reps. Nunes and Schiff?

EFF: Sen. Feinstein Supports “Backdoor” Warrants, So Why Don’t Reps. Nunes and Schiff? by David Ruiz: As the deadline for renewing and reforming key portions of the NSA’s spying apparatus looms less than two months away, two of the most … Continue reading

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ID: Trial court suppressed forced catheterization of OUI suspect in hospital (not an issue on appeal)

The trial court suppressed a forced catheterization of defendant in her OUI case as exceeding her consent. It wasn’t clear whether it was for law enforcement or medical purposes. This wasn’t an issue on appeal (for good reason because it … Continue reading

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OR: Def bystander to a school shooting scene wasn’t subject to a frisk: no RS or other exception applies from refusal to make eye contact with officer

Defendant heard there was a shooting at a high school his sister attended, so he armed himself and went down there. The students coming out were frisked to make sure that any shooter did not escape with the students. Defendant … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off

CA9: Def’s wife was a private actor turning over his hard drive to the police

Defendant’s wife was not acting as an agent of the government when she turned over his hard drive to the police. The search warrant they obtained was clearly issued on probable cause. United States v. Wolff, 2017 U.S. App. LEXIS … Continue reading

Posted in Cell phones, Private search | Comments Off

D.S.D.: Was all this a “reasonable” mistake under Heien? Doesn’t matter because there was RS for other reasons

The court goes on at length about the reasonableness of the officers’ interpretation of use of a turn signal and the application of the state “practicable lane” statute under the reasonableness standard of Heien, then concludes there was reasonable suspicion … Continue reading

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N.D.Cal.: Suspicionless probation search condition not shown to be on defendant; motion to suppress granted

Defendant did not have a suspicionless search condition on him. “This Court now joins the other courts in this district that have held that an officer must have reasonable suspicion to conduct a search of a probationer, unless the probationer … Continue reading

Posted in Probation / Parole search, Standing | Comments Off