Daily Archives: December 23, 2017

S.D.N.Y.: “GPS Affidavit [does not need] to include the ‘use and aims’ of the location information” to be valid

A “GPS Affidavit [does not need] to include the ‘use and aims’ of the location information” to be valid. [No case even suggests that.] United States v. Shulaya, 2017 U.S. Dist. LEXIS 209340 (S.D. N.Y. Dec. 20, 2017). Defendant consented … Continue reading

Posted in GPS / Tracking Data, Reasonable expectation of privacy | Comments Off

OH8: Dog sniff within the normal occurrence of the traffic stop was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff occurred during the normal processing part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading

Posted in Dog sniff | Comments Off

OH5: RS for drugs means likely guns, so ability to frisk automatic

“The Ohio Supreme Court has stated that ‘the right to frisk is virtually automatic when individuals are suspected of committing a crime, like drug trafficking, for which they are likely to be armed.’ Evans at ¶ 9. Further, ‘[r]ecognizing the … Continue reading

Posted in Stop and frisk | Comments Off

The Guardian: ‘Tis the season for unfettered government access to your data

The Guardian: ‘Tis the season for unfettered government access to your data by Allie Bohm, Bennett Cyphers and Edward George” Giving a voice-activated device to someone for Christmas? Think again

Posted in Surveillance technology | Comments Off

Legal Intelligencer: DOJ Asked Pa. Judge to Scrub Opinion of References to Cop’s Racial Profiling

Legal Intelligencer: DOJ Asked Pa. Judge to Scrub Opinion of References to Cop’s Racial Profiling by P.J. Dannunzio:

Posted in Pretext | Comments Off

WXYZ: Metro Detroit man fights four year battle to get bank account back after arrest

WXYZ: Metro Detroit man fights four year battle to get bank account back after arrest by Gino Vicci:

Posted in Forfeiture | Comments Off

LA: Def’s phone records were obtained by valid court order so defense counsel couldn’t be ineffective for not challenging it

Defendant’s phone records were obtained by court order. Therefore, his counsel wasn’t ineffective for not challenging the state’s obtaining them. State v. Pram, 2017 La. LEXIS 2958 (Dec. 15, 2017). Defendant first lied about his name, but an officer there … Continue reading

Posted in Ineffective assistance | Comments Off