Daily Archives: December 1, 2017

WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument

WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument by Will Baude:

Posted in SCOTUS, Third Party Doctrine | Comments Off

IL: ER blood draw was private search for diagnostic purposes

“The mere filing of a motion [to suppress] is not proof that a search occurred.” Defendant first failed to prove that he was the subject of the search. Second, even if it was assumed, the hospital took the blood draw … Continue reading

Posted in Apparent authority, Body searches, Drug or alcohol testing, Private search | Comments Off

MD: With decrim of <10 g. MJ, officer doesn’t have to be absolutely sure of quantity to have PC

“Despite the decriminalization of possession of less than ten grams of marijuana, a law enforcement officer who has reason to believe that an individual is in possession of marijuana has probable cause to effectuate an arrest, even if the officer … Continue reading

Posted in Probable cause, Search incident | Comments Off

E.D.Mich.: Rule 41(g) motion denied for failure to show entitlement to seized property

For Rule 41(g) motion to return property: “Flemming has failed to prove that he is a ‘person aggrieved by an unlawful search and seizure.’ In his motion, Flemming does not challenge the legality of the search and seizure in question. … Continue reading

Posted in Burden of pleading, Rule 41(g) / Return of property | Comments Off

Law.com: The Impact of the Surge of Biometric Data Privacy Lawsuits Against Employers

Law.com: The Impact of the Surge of Biometric Data Privacy Lawsuits Against Employers by Hanley Chew: The growing acceptance of biometric data as a form of identification for employees means that many employers will likely have to face either these … Continue reading

Posted in Surveillance technology | Comments Off

AZ: State didn’t argue GFE and court gives it a pass

The state didn’t raise the good faith exception in the trial court, but the court applies the “we can affirm on any ground” rule to apply it anyway. State v. Weakland, 2017 Ariz. App. LEXIS 202 (Nov. 28, 2017):

Posted in Burden of pleading, Burden of proof, Good faith exception, Standards of review | Comments Off

OR: State has burden of pleading and proof on attenuation, and here it failed

The state had the burden and failed to prove attenuation between the stop and unreasonable search and finding the evidence. It did not raise the issue to preserve it. [This was submitted 33 months ago after remand from Oregon Supreme … Continue reading

Posted in Attenuation, Burden of pleading, Burden of proof | Comments Off