Monthly Archives: January 2018

D.Nev.: Application for gag order against GJ witnesses was insufficient

An application for a gag order against grand jury witnesses was insufficient. “The application as currently submitted fails to establish sufficient grounds for a non-disclosure order. First, a particularized showing of need has not been made and, instead, the application … Continue reading

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NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules

NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules by Sheera Frankel: The tech giants are preparing for a stringent new set of data privacy rules in the region, called the General Data Protection Regulation. Set to take effect … Continue reading

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OH5: Meeting drug buyer, going home, returning to the place of sale was nexus to house

Defendant met a drug buyer, drove to his house, and reunited with the buyer for the transaction. This gives sufficient probable cause for nexus to house. State v. Detamore, 2018-Ohio-297, 2018 Ohio App. LEXIS 274 (5th Dist. Jan. 25, 2018). … Continue reading

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CO: Def had no REP in the GPS his bondsman made him wear

The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading

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CA9: Police officers have no REP in their own body camera videos

Police officers have no reasonable expectation of privacy in their own body camera videos. Santa Ana Police Officers Association v. City of Santa Ana, 2018 U.S. App. LEXIS 1980 (9th Cir. Jan. 25, 2018):

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ME: Inevitable discovery doctrine doesn’t provide an incentive for police misconduct

The drugs here would have been inevitably found one way or the other. The inevitable discovery rule doesn’t provide the police an incentive to not comply with Fourth Amendment protections. State v. Prinkleton, 2018 ME 16, 2018 Me. LEXIS 15 … Continue reading

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Cal.5th: SVP’s dorm is virtually like a prison cell subject to random warrantless searches

Defendant is a sexually violent predator (SVP), and he’s institutionalized. His custodial status shares all the attributes of being in prison, including institutional security. The only place an SVP could hide child pornography is in his dormitory room. His room … Continue reading

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CA4: Playpen SW sustained

Playpen warrants (where the seized server was in the Eastern District of Virginia) were valid, and the good faith exception applied because it wasn’t readily apparent that the USMJ exceeded his or her jurisdiction or that that would be a … Continue reading

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D.Nev.: There is no REP from a govt license plate reader’s collection of one’s movements

There is no reasonable expectation of privacy from a government license plate reader collecting information on the movements of one’s car. It can’t be compared to GPS tracking, and it’s not an electronic trespass. United States v. Yang, 2018 U.S. … Continue reading

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The Verge: Exclusive: ICE is about to start tracking license plates across the US

The Verge: Exclusive: ICE is about to start tracking license plates across the US by Russell Brandom:

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WaPo: How to fight mass surveillance even though Congress just reauthorized it

WaPo: How to fight mass surveillance even though Congress just reauthorized it by Bruce Schneier What the battle looks like after Section 702’s reauthorization.

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E.D.Va.: A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a

A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a. “Rule 41 does not authorize a court to manage the collection, storage, … Continue reading

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