Daily Archives: January 26, 2018

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:

Posted in FISA | Comments Off

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:

Posted in Border search, Computer searches | Comments Off

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:

Posted in Stingray / Hailstorm, Surveillance technology | Comments Off

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

Posted in Reasonable expectation of privacy | Comments Off

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

Posted in Consent, Drug or alcohol testing, Probation / Parole search, Reasonable suspicion | Comments Off

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

Posted in Franks doctrine, Ineffective assistance | Comments Off

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

Posted in Abandonment, Consent | Comments Off

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