Daily Archives: December 19, 2017

WaPo: Jury rules against family subjected to SWAT raid over loose-leaf tea

WaPo: Jury rules against family subjected to SWAT raid over loose-leaf tea by Radley Balko

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ClubNorton: Is your child’s connected teddy bear too smart?

ClubNorton: Is your child’s connected teddy bear too smart?:

Posted in Surveillance technology | Comments Off on ClubNorton: Is your child’s connected teddy bear too smart?

A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

An AFOSI form states that a cell phone search has to occur within three days of their acquiring the phone. The court in the past has suggested that form change because it’s unreasonable to expect that it can be done … Continue reading

Posted in Cell phones, Probation / Parole search, Reasonableness | Comments Off on A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

CA1: It was def’s burden to show guest standing and he failed

Defendant put on no proof of how long he was in another’s hotel room to claim standing in the room. The district court inferred, without much support, that he slept there for some brief period of time, and that’s not … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Standing | Comments Off on CA1: It was def’s burden to show guest standing and he failed

CO: The statutory right to notice of right to refuse a consent search doesn’t apply when the automobile exception applies

Colorado requires notice of a right to refuse a consent search of a car. When there is probable cause and exigent circumstances, however, that’s enough for the search without even considering consent. People v. Ball, 2017 CO 108, 2017 Colo. … Continue reading

Posted in Automobile exception, Consent | Comments Off on CO: The statutory right to notice of right to refuse a consent search doesn’t apply when the automobile exception applies

Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment?

Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment? by Orin Kerr As always, the answer depends on things we don’t yet know. Conceivably if you strain for unlikely facts, but probably not.

Posted in Consent, Reasonable expectation of privacy | Comments Off on Lawfare: Did the Special Counsel’s Access to the Transition’s Emails Violate the Fourth Amendment?

FL5: Peeing in a parking lot is RS of “public nudity” justifying a stop

Peeing in a parking lot is reasonable suspicion of “public nudity” justifying a stop. State v. Harris, 2017 Fla. App. LEXIS 18994 (Fla. 5th DCA Dec. 15, 2017). Defendant’s rental company maintenance man was acting as a private citizen when … Continue reading

Posted in Motion to suppress, Private search, Reasonable suspicion | Comments Off on FL5: Peeing in a parking lot is RS of “public nudity” justifying a stop

IL: A motion to suppress and a motion for directed finding of NG are fundamentally two different things

Defendant sought a motion to suppress which was actually a motion for directed finding of not guilty. They are different things. People v. Lomeli, 2017 IL App (3d) 150815, 2017 Ill. App. LEXIS 782 (Dec. 15, 2017). This immigration checkpoint … Continue reading

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DE: SW materials reviewed on PCR to find no motion to suppress would be granted

Defendant was charged with rape of his daughter occurring daily for years. Defense counsel saw no reason to file a motion to suppress the search warrants for the house for the vibrator the victim described was used on her. Reviewing … Continue reading

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