Monthly Archives: January 2018

D.Kan.: Search of a small container on a key chain was reasonable as search incident

“Here, the officers’ search of the container attached to Mr. Nichols’s keys was within the time, control, and place constraints for the search of an arrestee’s personal property incident to arrest. Mr. Nichols had the keychain in his exclusive control … Continue reading

Posted in Franks doctrine, Search incident | Comments Off

WaPo: Baltimore Police officer who turned off body camera charged with tampering with evidence

WaPo: Baltimore Police officer who turned off body camera charged with tampering with evidence by Justin Fenton: A grand jury has indicted a Baltimore Police officer on charges of misconduct and fabricating evidence in connection with a body camera video … Continue reading

Posted in Body cameras, Police misconduct | Comments Off

NYTimes: New York Detective Guilty of Lying About Drug Arrest

NYTimes: New York Detective Guilty of Lying About Drug Arrest by Joseph Goldstein and John Surico: A Queens jury on Wednesday convicted a detective of lying under oath in a trial that raised troubling questions about the prevalence of false … Continue reading

Posted in Arrest or entry on arrest, Police misconduct | Comments Off

CA9: Taking children from parents without exigency or court order violated 4A and right to family unity

When Arizona state social workers removed plaintiffs’ children from the home without judicial authorization and without a reasonable belief they were in danger or exigency, they violated plaintiffs’ rights to family unity and the Fourth Amendment. The right was clearly … Continue reading

Posted in § 1983 / Bivens, Probable cause, Qualified immunity | Comments Off

techdirt: Disrupting The Fourth Amendment: Half Of Law Enforcement E-Warrants Approved In 10 Minutes Or Less

techdirt: Disrupting The Fourth Amendment: Half Of Law Enforcement E-Warrants Approved In 10 Minutes Or Less by Tim Cushing:

Posted in Warrant requirement | Comments Off

CA5: PO’s information from DEA plus additional facts was RS for probation search

Defendant was on probation for a state drug offense, and he was a good probationer, so his PO was working toward early termination of probation. Then the DEA calls the PO that they suspect him of being involved in drug … Continue reading

Posted in Abandonment, Probation / Parole search | Comments Off

ACLU: Does a US Warrant Extend to Data Held Abroad?

ACLU: Does a US Warrant Extend to Data Held Abroad? by Jennifer Stisa Granick: When the government wants a company in the United States to turn over private data stored in another country, which country’s laws apply? The Supreme Court … Continue reading

Posted in Reasonableness | Comments Off

Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts

Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts by Ross Todd: The California Supreme Court has taken up a case that could determine if, how and when Facebook must turn over private user information about … Continue reading

Posted in Computer searches, Third Party Doctrine | Comments Off

D.Conn.: 2255 isn’t the remedy for return of property; it’s Rule 41(g)

Defense counsel isn’t ineffective for not appealing a conviction when the only real remedy he seeks is for return of property which would be by a Rule 41(g) motion which hasn’t been filed. Dismissed without prejudice. Green v. United States, … Continue reading

Posted in Ineffective assistance, Rule 41(g) / Return of property | Comments Off

CA6: Precious metals dealers are “closely regulated business” for administrative inspection of records of purchases

The Ohio Precious Metals Dealers Act (PMDA) authorized warrantless records searches to locate stolen property, and the court finds that the limitations in the statute served as constitutionally adequate warrant substitutes. They applied only to licensed precious metals dealers, and … Continue reading

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New Law Review Article: Surveillance Intermediaries

Alan Z. Rozenshtein, Surveillance Intermediaries, 71 Stan. L. Rev. 99 (2018). Abstract: Apple’s high-profile 2016 fight with the FBI, in which the company challenged a court order commanding it to help unlock the iPhone of one of the San Bernardino … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off

NYLJ: Judge Urges Action to Curb ‘Overbroad’ Digital Search Warrants

NYLJ: Judge Urges Action to Curb ‘Overbroad’ Digital Search Warrants by Andrew Denney: Overbroad search warrants for digital evidence are “all too common” in New York, are often green-lighted by busy judges who are focused on processing motions and are … Continue reading

Posted in Computer searches, Overbreadth | Comments Off