Daily Archives: November 25, 2017

LawFare: The Fourth Amendment Doesn’t Recognize a General “Right to be Secure”

LawFare: The Fourth Amendment Doesn’t Recognize a General “Right to be Secure” by Orin Kerr:

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WaPo: Man investigated after Best Buy technicians tipped off FBI has child pornography case dismissed 

WaPo: Man investigated after Best Buy technicians tipped off FBI has child pornography case dismissed by Tom Jackman: 

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PA: The automobile exception does not apply in one’s own driveway

“We granted the petition for allowance of appeal filed by Daniel F. Loughnane to determine whether the Superior Court erred by holding that the federal automobile exception, adopted by this Court in Commonwealth v. Gary, 625 Pa. 183, 91 A.3d … Continue reading

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CA8: Def failed to show omission of CI’s background would have vitiated PC

“Claybron argues that the omission of the confidential informant’s background information weighed so heavily on her credibility that, had it been considered, the warrant would not have issued. ‘We review the trial court’s findings of fact for clear error and … Continue reading

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CA3: Entry onto ptfs’ rural land to serve a small claims complaint was over open fields

Defendant is a deputy sheriff who had a summons and complaint for a small claims case. He came by plaintiffs’ rural property three prior times to serve it. They lived on 75 acres and the house and a law office … Continue reading

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CA6: 53 days after an occurrence is hardly exigent

Detroit has a stray dog problem and passed an ordinance in 2004. The ordinance allowed warrantless entries into yards to search for and seize dogs. The district court enjoined that, and the city did not appeal. On individual claims, an … Continue reading

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S.D.Ill.: Scope and meaning of consent form determined by objective reasonableness

It was objectively reasonable for officers to believe that the consent form defendant signed applied to the apartment searched. There were two buildings on the property, and he was in an apartment with a different mailing address. The consent form … Continue reading

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