Daily Archives: November 30, 2017

Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers”

Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers” by Mike Rappaport:

Posted in SCOTUS, Third Party Doctrine | Comments Off

The Atlantic: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance

The Atlantic: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance Jeffrey Rosen: Justices found common ground in asserting the relevance of the Fourth Amendment in the electronic age, even as they cited sharply different rationales.

Posted in Cell site location information, SCOTUS | Comments Off

The Hill: It’s too easy for the government to invade privacy in name of security

The Hill: It’s too easy for the government to invade privacy in name of security by Jonathan Turley:

Posted in Cell site location information, SCOTUS | Comments Off

Carpenter argument now online and Kerr’s comments

Transcript here. Orin Kerr’s video comments here. Kerr’s twitter post with link added: Summary of Carpenter argument using the “four models” framework: Carpenter may win based on several Justices relying on the policy model and one Justice relying on the … Continue reading

Posted in SCOTUS | Comments Off

NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy

NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy by Adam Liptak:

Posted in Cell site location information, SCOTUS, Surveillance technology | Comments Off

CA9: While cell phone privacy interest is substantial, state’s interest in parole searches of cell phones is greater

While the general reasonable expectation of privacy in a cell phone is weighty, it still succumbs to the state’s interest in parole searches of a cell phone to insure compliance with parole requirements. The record also supports consent given by … Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off

MD follows Strieff on attenuation from preexisting arrest warrant

“[W]here officers observed a group of individuals openly drinking what appeared to be an alcoholic beverage and one of them threw a bottle to the ground, the officers had reasonable suspicion to investigate a potential open container violation and to … Continue reading

Posted in Attenuation, Reasonable suspicion | Comments Off

NY1: Suppression of firearm in criminal case wasn’t collateral estoppel in civil case where ptf didn’t offer any evidence

Suppression of a firearm in the criminal court was not collateral estoppel to a civil case for false arrest, particularly where plaintiff offered no evidence at all. Davidson v. City of New York, 2017 NY Slip Op 08313, 2017 N.Y. … Continue reading

Posted in § 1983 / Bivens, Burden of proof, Immigration checkpoints, Reasonable suspicion | Comments Off

PA: Flashing overhead lights on a police car means stop and stay until released; stopping to check GPS isn’t RS

According to the vehicle code and the driver’s license manual, when a police car has its lights on, a driver is to stop until let go. Here, the officer pulled up next to defendant’s car on the side of I-79 … Continue reading

Posted in Community caretaking function, Seizure | Comments Off

W.D.N.C.: First def denied ownership of backpack, and after drugs were found he claimed it; “the fact that defendant claimed ownership of the backpack after the search is of no moment.”

First defendant denied ownership of the backpack, and the police searched it. “[T]he fact that defendant claimed ownership of the backpack after the search is of no moment.” That was abandonment. United States v. Ferebee, 2017 U.S. Dist. LEXIS 193791 … Continue reading

Posted in Abandonment, Administrative search | Comments Off