Daily Archives: November 26, 2017

Vice News: How cops hack into your phone without a warrant 

Vice News: How cops hack into your phone without a warrant by y Isabella McKinley Corbo [re: Carpenter]:  Right now, a murky web of federal and state statutes determine how easily cops can access data on Americans’ cell phones. While … Continue reading

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AP (via ABC): Does cellphone-sweeping ‘StingRay’ technology go too far?

AP (via ABc): Does cellphone-sweeping ‘StingRay’ technology go too far? by Colleen Long:

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PA: POs have authority to search visitors in parolee’s house at time of parole visit with RS

“[P]arole agents have the authority to conduct a protective Terry frisk of non-parolees within the course of executing their statutorily imposed duties, so long as reasonable suspicion supports the agents’ conduct.” Here, POs entered the parolee’s house for a visit … Continue reading

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CA6: Litigating and losing a search issue in state court estops a federal claim over same issue

Collateral estoppel applied where defendant lost on his search issue in state court so he could not litigate it in federal court. Also, he claimed a Franks violation that the officers misled the issuing magistrate, but that was not factually … Continue reading

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NY3: Emptying purse on seat and saying ‘you can check my car, you can check me’ was consent

In a traffic stop, the officer saw credit cards with a male name but a female operating the car. “Upon asking the owner about the person named on the cards, the owner denied knowing that person or being the owner … Continue reading

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CA3: Citation or summons is not an “arrest” in common usage or in the single arrest situations in application of the U.S.S.G.

A citation or summons is not an “arrest” in common usage or in the single arrest situations in application of the U.S. Sentencing Guidelines. United States v. Ley, 2017 U.S. App. LEXIS 23637 (3d Cir. Nov. 22, 2017). Defendant didn’t … Continue reading

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