Monthly Archives: January 2018

IN: FBI’s search was used in state court; since state doesn’t recognize attenuation, the uncontested suppression of the search also suppresses def’s statements

The FBI’s search of defendant’s computers was governed by the Indiana Constitution in state court, and the search was unlawful under that. Since Indiana doesn’t recognize the attenuation doctrine, defendant’s statements are suppressed as well. Wright v. State, 2018 Ind. … Continue reading

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OH4: Changing argument from legality of patdown to plain feel was waiver

Defendant’s appellate argument changed from whether there was reasonable suspicion for a patdown to conceding the patdown was legal but the plain feel of a hard object found in her vagina was not. That’s waiver of the argument. State v. … Continue reading

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D.N.M.: Govt’s failure to argue validity of scope of protective sweep before USMJ waived it

The government didn’t raise validity of the scope of the full protective sweep before the USMJ and waived it after the R&R. United States v. Salazar, 2018 U.S. Dist. LEXIS 10212 (D. N.M. Jan. 23, 2018). Defendant’s cell phone search … Continue reading

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ND: Audio of def’s arrest shows he consented to the blood test

Defendant consented to the blood test. “At the suppression hearing the district court heard testimony from both Sergeant Stoltz and Montgomery as well as listened to the audio recording of the arrest. The district court noted an extended dialogue between … Continue reading

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W.D.N.Y.: The stairwell of a hotel was a public place for arrest purposes

The government had detailed facts connecting defendant to a bank robbery and traced his movements, some with surveillance video. This was probable cause, and his arrest was in a public place, the stairwell in a hotel. United States v. Peeples, … Continue reading

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American Enterprise Institute: Congress renews major surveillance law with little change: The end of an era?

American Enterprise Institute: Congress renews major surveillance law with little change: The end of an era? by Claude Barfield:

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ABAJ: Traveling lawyers get new protections in device searches at border

ABAJ: Traveling lawyers get new protections in device searches at border by Lee Rawles. The ABA is meeting soon in Vancouver. What about protecting privileged information at Customs when they return:

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Motherboard: Florida Cop Bought Powerful Phone Malware That Can Intercept Emails and WhatsApp

Motherboard: Florida Cop Bought Powerful Phone Malware That Can Intercept Emails and WhatsApp by Joseph Cox:

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E.D.Ky.: Jail call to wife that def knew would be recorded not privileged

In a jail call, marital privilege succumbs to the lack of a reasonable expectation of privacy because defendant knew his calls were being recorded. As to a letter to his wife in his cell, it disclosed a request to her … Continue reading

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D.Minn.: Def’s admission of violation of internet limits on supervised release was RS

Defendant was on federal supervised release, and the reasonable suspicion of Knights applies, and the officers had it here because defendant admitted a violation of his internet usage agreement with the PO. United States v. Kuhnel, 2017 U.S. Dist. LEXIS … Continue reading

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E.D.Mo.: Claim that Franks applies because the CI must have been paid and it was omitted is insufficient as speculative

“In his motion to suppress, Davison did not identify any false information included in the affidavit. Rather, Davison alleged only that he believed the CI could have been paid for information and that fact had been omitted from the affidavit. … Continue reading

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N.D.Ga.: Def didn’t abandon shopping bag by putting it down while he played basketball

The court declines to adopt the R&R that defendant abandoned or had no reasonable expectation of privacy in a shopping bag by defendant setting it down on gym bleachers while he was in the gym playing basketball. United States v. … Continue reading

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