Daily Archives: December 24, 2017

The Intercept: Edward Snowden’s New App Uses Your Smartphone to Physically Guard Your Laptop

The Intercept: Edward Snowden’s New App Uses Your Smartphone to Physically Guard Your Laptop Haven uses the smartphone’s many sensors – microphone, motion detector, light detector, and cameras – to monitor the room for changes, and it logs everything it … Continue reading

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NPR: In Practice, Police Accountability Is Not The Main Function Of Body Cameras

NPR: In Practice, Police Accountability Is Not The Main Function Of Body Cameras by Martin Kaste: Police departments across the country have adopted body cameras to counter claims of abuse. But as they become more routine, cameras are turning into … Continue reading

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NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011

NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011 by Charlie Savage and Ron Nixon: Grievances over lost privacy run through a trove of roughly 250 complaints by people whose laptops and phones were searched without a … Continue reading

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Army Ct.Crim.App.: Search authorization for cell phone text messages did not permit looking at pictures

The search authorization here was for text messages on a servicemember’s cell phone. The searchers, however, looked for pictures, too. The military good faith exception, Mil. R. Evid. 311(c)(3), specifically addresses the scenario when officers rely on a subsequently invalidated … Continue reading

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S.D.Ohio: Def’s girlfriend’s standing testimony rejected because it sounded “scripted” and because she didn’t smell the 100 pds of MJ she was standing near regularly for days

Defendant claimed standing in his girlfriend’s house because he regularly spent the night there. Her testimony was rejected because it sounded “scripted” and inherently unreliable because she claimed she didn’t smell 100 pounds of marijuana in her basement even though … Continue reading

Posted in Standing, Suppression hearings | Comments Off on S.D.Ohio: Def’s girlfriend’s standing testimony rejected because it sounded “scripted” and because she didn’t smell the 100 pds of MJ she was standing near regularly for days

S.D.Tex.: In not so few words: The bar for a competent drug dog under Florida v. Harris isn’t all that high; essentially: is the dog certified?

Defendant was stopped for driving without headlights during a Hurricane Harvey curfew, and he gave a false name and had no driver’s license. While detained, defendant was showing signs of diabetic distress. He was seated on the curb and he … Continue reading

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E.D.Mich.: Warrantless CSLI valid no matter how Carpenter comes out

CSLI information was obtained without a court order. Despite Carpenter being argued November 29th, the current law is that this wasn’t unreasonable. If Carpenter wins, defendant can move to reconsider. [What an empty gesture that is.] United States v. Arnold, … Continue reading

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CA9: Car matching BOLO of bank robbery with two men had only woman driving; stop and continuation was with RS because they could be in trunk (and were)

A person outside a bank robbery believed that two male robbers got into a grey Ford Taurus to flee the scene. He called the police and followed. A little later, he saw that car had a woman driver, and he … Continue reading

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IL: After losing suppression motion, state asserted lack of standing in a motion to reconsider, and it’s too late

The state has the burden of alleging defendant didn’t have standing, and here it didn’t do so until a motion to reconsider claiming it was the trial court’s error of law. To succeed on a motion to reconsider, the state … Continue reading

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D.Kan.: Def’s putting cell phone in daughter’s backpack so she could play with it was not a waiver of REP

Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He … Continue reading

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PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be … Continue reading

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