Daily Archives: January 18, 2018

Salt Lake Tribune: Warrants approved in just minutes: Are Utah judges really reading them before signing off?

Salt Lake Tribune: Warrants approved in just minutes: Are Utah judges really reading them before signing off? By Jessica Miller & Aubrey Wieber:

Posted in Neutral and detached magistrate | Comments Off

WaPo: A Google app that matches your face to artwork is wildly popular. It’s also raising privacy concerns.

WaPo: A Google app that matches your face to artwork is wildly popular. It’s also raising privacy concerns. by Hamza Shaban:

Posted in Surveillance technology | Comments Off

NSA surveillance programs renewed by Senate

CNET: NSA surveillance programs renewed by Senate by Laura Hautala, and so much for the allegedly threatened filibuster. TechCrunch: Why you should care about the warrantless surveillance bill on its way to Trump’s desk by Taylor Hatmaker Cato: Fear and … Continue reading

Posted in FISA | Comments Off

D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

Posted in Independent source, Private search, Reasonable suspicion, Search incident, Seizure | Comments Off

WA: Search of hard drive by Texas police for videos made in Washington governed by 4A, not Washington law

Defendant had voyeur videos of a young girl on a hard drive that he ended up having a sexual relationship with after she turned 18. He’d moved from Washington to Texas with the military in between those times and took … Continue reading

Posted in Conflict of laws | Comments Off

Cal.2d: 911 call about threat to shoot oneself supports entry and cursory search for weapons

A 911 call about an apparent threat to shoot oneself supports a community caretaking entry and cursory look around the house. People v. Ovieda, 2018 Cal. App. LEXIS 34 (2d Dist. Jan. 17, 2018):

Posted in Community caretaking function | Comments Off

CA5: On totality of affidavit, Franks challenge fails because officer’s error in affidavit was negligent and not reckless

The officer interviewed the Spanish speaking informant and prepared an affidavit with the gist of the conversation. The officer’s Spanish skills were limited, and he overstated the CI’s prior information. On the totality, the officer’s statement was merely negligent and … Continue reading

Posted in Franks doctrine | Comments Off

S.D.Ohio: Facebook SW failed to show nexus to alleged hate crime, but GFE applies

Defendant is charged with a hate crime, and the government believed that he was involved with a group. The search warrant for his Facebook account failed to show nexus to get access to the non-public pages just because the group … Continue reading

Posted in Computer searches, Good faith exception | Comments Off

NE: Having only key to rented car glovebox and not to car itself didn’t give standing

Having a key to the glovebox of a rented car, but not to the car itself, was not a sufficient reasonable expectation of privacy in the rented car to have standing. Defendant couldn’t get into the car without somebody else … Continue reading

Posted in Cell phones, Informant hearsay, Standing | Comments Off