Monthly Archives: January 2018

D.Minn.: A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search

A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search. “Defendant’s argument that the search warrant authorized the seizure—but not the search—of his computer, phone, and computer storage media strains the bounds of logic and … Continue reading

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CA7: Summary judgment for gov’t premature in case alleging frame up by crime lab analyst

Summary judgment was improperly granted for the government in a FTCA case that plaintiff was framed by knowingly false testimony from an arson lab analyst. Remanded. Bunch v. United States, 2018 U.S. App. LEXIS 2283 (7th Cir. Jan. 30, 2018). … Continue reading

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HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

Defendant could properly be prosecuted for refusing a breath test, but not a blood test. State v. Wilson, 2018 Haw. App. LEXIS 25 (Jan. 26, 2018).* Defendant was a mere passenger in the car searched, and he lacks standing to … Continue reading

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DE: Def’s texting victim was nexus to the cell phone

Defendant’s texting the victim gives nexus to the cell phone. There was a temporal limit on the warrant. State v. Rizzo, 2018 Del. Super. LEXIS 44 (Jan. 26, 2018) There was reasonable suspicion for seizure of a FedEx package from … Continue reading

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WaPo: U.S. soldiers are revealing sensitive and dangerous information by jogging

WaPo: U.S. soldiers are revealing sensitive and dangerous information by jogging by Liz Sly: An interactive map posted on the Internet that shows the whereabouts of people who use fitness devices such as Fitbit also reveals highly sensitive information about … Continue reading

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The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents

The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents by Ali Winston: Late last month, a Manhattan judge ordered the New York City Police Department to release documentation about the department’s use of secretive and highly controversial ‘predictive … Continue reading

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Foreign Policy Research Institute: A Response to “Americans, the NSA is Still Listening: Section 702 is Alive and Well”

Foreign Policy Research Institute: A Response to “Americans, the NSA is Still Listening: Section 702 is Alive and Well” by George W. Croner:

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OH8: Failure to put the SW affidavit into evidence at suppression hearing waived def’s challenge

Defendant’s suppression motion made an attempt at a GPS and Franks challenge. After the hearing was over, the warrant and affidavit to procure it were not proffered for the record. This was waiver. State v. Mock, 2018-Ohio-268, 2018 Ohio App. … Continue reading

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D.Nev.: UPS employee conducted private search and allowing police to photograph contents did exceed private search

A UPS employee suspected contraband in a package shipped from Las Vegas to Florida, and a supervisor then opened. While it was open, police came and photographed it, and this did not exceed the private search. United States v. Washington, … Continue reading

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E.D.Mich.: Franks challenge fails because there still would be PC

Defendant’s Franks challenge fails because, even accepting it as true, there’s still probable cause. United States v. Barclay, 2018 U.S. Dist. LEXIS 12061 (E.D. Mich. Jan. 25, 2018).* “Probable cause ‘is not a high bar.’ Kaley v. United States, 134 … Continue reading

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DE: No REP in recorded jail calls [obviously]

Defense counsel was not ineffective for not objecting to defendant’s jail calls that he knew were monitored and recorded. Hubbard v. State, 2018 Del. LEXIS 34 (Jan. 25, 2018).* A drug raid led to a strip search of defendant in … Continue reading

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FL4: Exigency required finding def’s cell phone to locate a school bus stop shooter

Exigent circumstances in finding a shooter at a school bus stop necessitated the officers pinging the cell phone to locate the shooter. Defense counsel wasn’t ineffective for not challenging the search because it would have failed. Barton v. State, 2018 … Continue reading

Posted in Cell phones, Emergency / exigency, Ineffective assistance | Comments Off on FL4: Exigency required finding def’s cell phone to locate a school bus stop shooter