Daily Archives: November 24, 2017

HI: Fly-over of curtilage at 420′ violated REP under state constitution

Three fly-overs over the curtilage, one at 420′, was a violation of the Hawai’i Constitution, following the California Supreme Court in People v. Cook (1985). The Hawai’i Supreme Court differs from the Intermediate Court of Appeals on its analysis going … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, State constitution | Comments Off

D.D.C.: Klayman v. NSA finally ends in the District Court

Klayman v. NSA finally ends in the District Court, the court finding no jurisdiction (despite prior injunctions) and because Congress ended the program sued over before the suit was even filed and then the NSA was ordered to retain data … Continue reading

Posted in FISA | Comments Off

N.D.Cal.: Google is a private actor when it scans email for CP and then turns it over

Google is a private actor when it scans emails looking for child pornography by the images’ hash values. Google has an important interest in keeping CP off the internet and not being the vehicle for its transmission. There was no … Continue reading

Posted in Private search, Probable cause | Comments Off

D.Minn.: PO knowing def’s history saw a bulge in def’s pocket, and this was justification for a search

Defendant was on supervised release. The officer “then saw a bulge in Becerra’s pocket that he suspected could be a weapon. [He thus] had probable cause at the time he arrested Becerra to believe that Becerra was violating his supervised … Continue reading

Posted in § 1983 / Bivens, Probation / Parole search, Qualified immunity | Comments Off

OR: Exigency-based entry into house for DUI arrest requires proof of exigency, and here it was lacking

Here the officer entered defendant’s home in a DUI case to seize him for evidence of his intoxication. Exigency can permit an entry, but the state has the burden of proof on exigency, and here it failed to prove the … Continue reading

Posted in Arrest or entry on arrest, Drug or alcohol testing, Emergency / exigency | Comments Off

techcrunch: Authorities serve Apple a warrant for Texas shooter’s iPhone

techcrunch: Authorities serve Apple a warrant for Texas shooter’s iPhone by Brian Heater:

Posted in Cell phones, Standing | Comments Off