Daily Archives: November 28, 2017

SCOTUSblog: Argument preview: The justices return to cellphones and the Fourth Amendment

SCOTUSblog: Argument preview: The justices return to cellphones and the Fourth Amendment by Amy Howe: [D]oes the third-party doctrine apply the same way to cellphones, which only became commercially available a few years after the court’s decisions in Miller and Smith?… That question … Continue reading

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Lawfare: The Fifth Amendment, Decryption and Biometric Passcodes

Lawfare: The Fifth Amendment, Decryption and Biometric Passcodes by Kendall Howell:

Posted in Cell phones | Comments Off

Daily Beast: Would the Founding Fathers Have Tracked Your Cell Phone?

Daily Beast: Would the Founding Fathers Have Tracked Your Cell Phone? by Jay Michaelson: It’s a concept the Constitution’s framers couldn’t have imagined, and that shows why ‘originalism’ like Justice Gorsuch’s is bunk. Your cellphone company knows where you are … Continue reading

Posted in Cell site location information | Comments Off

E.D.N.C.: Fact POs entered third party’s home to arrest him doesn’t make it unreasonable

POs found defendant parolee at his girlfriend’s house that he was not approved to live in. It was arguable he didn’t have standing, and his reasonable expectation of privacy was reduced there [I think he would have standing as an … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off

S.D.Ill.: Off-duty officer working store security validly seized weapon

A local police officer was working off-duty security at a grocery store on the night shift. He’d seen defendant in there many times in the previous four years in the store, and defendant was usually under the influence. Plus, the … Continue reading

Posted in Consent, Probable cause | Comments Off

SD: Withdrawal of consent doesn’t get the incriminating stuff back

The trial court didn’t err in finding that defendant consented to search of his cell phone and DNA at the hospital after a murder. He was strenuously trying to show the police that he wasn’t involved and was volunteering consent. … Continue reading

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D.Me.: Sex offender on parole/probation subject to suspicionless search of computer

Defendant was a sex offender on probation after prison, and he had a search condition. The police and probation had information that he had child pornography on his computer. A probation search of an SD card revealed the child pornography. … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off

D.N.M.: Def was evicted once arrested and couldn’t go back to apt; landlord’s gathering stuff was a private search, and papers were made available to police

After defendant’s arrest, the landlord evicted him and gathered up his stuff. The police got the paperwork from the apartment from the landlord, and some of it was incriminating. Because the police didn’t instigate the landlord evicting him other than … Continue reading

Posted in Private search, Reasonable expectation of privacy | Comments Off