Daily Archives: December 22, 2017

FISA extended to Jan. 19th in the funding CR

NYTimes (Reuters): Congress Passes Stopgap Bill to Avoid Government Shutdown Against a Friday Deadline

Posted in FISA | Comments Off

Just Security: Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’

Just Security: Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’ by Carrie DeCell:

Posted in Border search, Cell phones | Comments Off

NC: Partial strip search at stationhouse was with PC and reasonably conducted

Defendant’s partial strip search at the stationhouse in a private room was reasonable for its factual basis and how it was done. After a dog alert on defendant’s car seat and no drugs in the car, it was reasonable to … Continue reading

Posted in Strip search | Comments Off

IL: Calling for a drug dog after defendant refused to consent to a search did not extend the stop even “incrementally”

Calling for a drug dog after defendant refused to consent to a search did not extend the stop even “incrementally” [ignoring the fact that the radio call took time away from writing the ticket]. People v. Heritsch, 2017 IL App … Continue reading

Posted in Dog sniff | Comments Off

MN: Roadside FST and PBT are not searches

Roadside field sobriety testing and then a PBT with probable cause is not a search under the Fourth Amendment. Vondrachek v. Comm’r of Pub. Safety, 2017 Minn. App. LEXIS 318 (Dec. 18, 2017). The officer’s observations of defendant was independent … Continue reading

Posted in Arrest or entry on arrest, Search | Comments Off

MN: By living with a person on probation, one has a diminished REP in common areas

By choosing to live in the same house with a probationer, one has a diminished expectation of privacy in the common areas of one’s abode. In a probation search of the other occupant, defendant objected to the entry, but it … Continue reading

Posted in Plain view, feel, smell, Probation / Parole search | Comments Off

CA11: It’s reasonable to assume the person named in an arrest warrant is home at 11 pm

Officers had an arrest warrant for plaintiff and a reasonable belief he’d be at home at 11 pm in February when it would be presumed one would be home. He’d listed that place as his address during a prior arrest, … Continue reading

Posted in Arrest or entry on arrest, Excessive force | Comments Off

WY recognizes invasion of privacy cause of action from Restatement of Torts for rental company’s tracking software on rented computers

Aspen Way leases computers in Wyoming. “The complaints each generally alleged that Aspen Way installed software on Plaintiffs’ leased computers, without Plaintiffs’ knowledge, that enabled Aspen Way to track the leased computers’ locations, remotely activate the computers’ webcams, and capture … Continue reading

Posted in Computer searches, Stop and frisk | Comments Off