Daily Archives: November 27, 2017

FourthAmendment.com named to ABA Journal’s Web 100 top law blogs for third year

ABAJ: Welcome to the 2017 ABA Journal Web 100 by Andrew Lefkowitz, Sarah Mui and Stephen Rynkiewicz. For the last ten years, it was called the ABA Journal’s Blawg 100. The name was changed this year to include podcasts, twitter … Continue reading

Posted in Uncategorized | Comments Off

The Hill: Clock ticking down on NSA surveillance powers

The Hill: Clock ticking down on NSA surveillance powers by Katie Bo Williams:

Posted in FISA | Comments Off

NYTimes: ICE’s Courthouse Arrests Undercut Democracy

NYTimes: ICE’s Courthouse Arrests Undercut Democracy by César Cuauhtémoc and García Hernández:

Posted in Immigration arrests | Comments Off

Michigan Daily: Libertarians protest roadside drug-testing program

Stunning, the chutzpa of the Michigan State Police: Michigan Daily: Libertarians protest roadside drug-testing program by Leah Graham:

Posted in Drug or alcohol testing, Roadblocks | Comments Off

NYTimes: How a Radio Shack Robbery Could Spur a New Era in Digital Privacy

NYTimes: How a Radio Shack Robbery Could Spur a New Era in Digital Privacy by Adam Liptak It could also seal the fate of our lack of right to privacy in information unless Congress acts. Considering all the FISA posturing … Continue reading

Posted in SCOTUS, Third Party Doctrine | Comments Off

WaPo (Opinion): The Supreme Court’s privacy precedent is outdated

WaPo (Opinion): The Supreme Court’s privacy precedent is outdated by Stephen H. Sachs: (Stephen H. Sachs was Maryland attorney general from 1979 to 1987.)

Posted in Third Party Doctrine | Comments Off

D.Md.: Because of state decrim, a trash pull that merely shows def was a user isn’t PC of trafficking

In a marijuana decriminalization state, merely finding evidence of marijuana usage, not trafficking, wasn’t probable cause for a search warrant even under Gates or the good faith exception. United States v. Lyles, 2017 U.S. Dist. LEXIS 193030 (D. Md. Nov. … Continue reading

Posted in Probable cause | Comments Off

D.Mass.: Def’s quibbling in a Franks challenge is insufficient: “I’m just a ‘drug dealer’ not a ‘drug trafficker.’”

Defendant is quibbling rather than making a bona fide Franks argument that he was arraigned 11 times not 10 on other drug cases and that he was a “drug trafficker” when he insists he is just a “drug dealer.” One … Continue reading

Posted in Emergency / exigency, Franks doctrine | Comments Off

D.Neb.: 24 minutes for a stop wasn’t unreasonable under Rodriguez where officer didn’t do anything other than wait for a response on his criminal history check request

Whether a stop was too long for Rodriguez can be fact-bound. Here, while it was all 24 minutes for the criminal history check with the delay in getting information back, the officer wasn’t talking to or questioning the defendant. “The … Continue reading

Posted in Reasonable suspicion | Comments Off

CA5: COA granted on whether District Court should have held a hearing on IAC claim, but pet’r didn’t brief it. Affirmed.

“Our court granted Pryor a COA on one issue: whether the district court abused its discretion in denying Rule 60(b) relief from the denial of his § 2255 motion, by refusing to consider pages missing from his affidavit in opposition … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off