Daily Archives: January 20, 2018

ID: Where probation agreement searches occur “at the request of” PO, searching without request was fatal

Defendant’s probation agreement said that he’d submit to probation searches “at the request of” the probation officer. Searching without a prior request was fatal. State v. Jaskowski, 2018 Ida. LEXIS 19 (Jan 18, 2018). “The Franks challenge to paragraph three … Continue reading

Posted in Franks doctrine, Probation / Parole search | Comments Off

LA2: No REP in text messages in another person’s cell phone

Defendant had no reasonable expectation of privacy in text messages in another person’s cell phone. State v. Young, 2018 La. App. LEXIS 110 (La. App. 2 Cir. Jan. 18, 2018). Defendant was on parole and his parole agreement required he … Continue reading

Posted in Cell phones, GPS / Tracking Data, Probable cause | Comments Off

BBC: Apple health data used in murder trial

BBC: Apple health data used in murder trial:

Posted in Cell phones | Comments Off

Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test

Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test by Orin Kerr: If the Positive Law test is originalist, then what isn’t? A close look at Fourth Amendment history and some recent scholarship.

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Cato: For the Purposes of the Fourth Amendment, Does it Matter Where Your Email Is Stored?

Cato: For the Purposes of the Fourth Amendment, Does it Matter Where Your Email Is Stored? by Ilya Shapiro, Trevor Burrus, and Reilly Stephens, re Cato’s amicus brief in United States v. Microsoft.

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PA: Second officer arriving at scene knew enough for collective knowledge to apply; full (and unnecessary) discussion of vertical v. horizontal collective knowledge if you’re interested

Pennsylvania adheres to the vertical approach of collective knowledge. Here, another officer got involved and made the decision to arrest, but he knew what the first officer knew, and that was enough. This was still collective knowledge. (There is a … Continue reading

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D.S.D.: General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective”

General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective.” United States v. Bruce, 2018 U.S. Dist. LEXIS 7387 (D.S.D. Jan 17, 2018). “Although the affidavit in the instant case could have provided more information … Continue reading

Posted in Cell phones, Inventory, Probable cause, Reasonable expectation of privacy | Comments Off