Daily Archives: January 27, 2018

D.Nev.: There is no REP from a govt license plate reader’s collection of one’s movements

There is no reasonable expectation of privacy from a government license plate reader collecting information on the movements of one’s car. It can’t be compared to GPS tracking, and it’s not an electronic trespass. United States v. Yang, 2018 U.S. … Continue reading

Posted in Surveillance technology | Comments Off

The Verge: Exclusive: ICE is about to start tracking license plates across the US

The Verge: Exclusive: ICE is about to start tracking license plates across the US by Russell Brandom:

Posted in Surveillance technology | Comments Off

WaPo: How to fight mass surveillance even though Congress just reauthorized it

WaPo: How to fight mass surveillance even though Congress just reauthorized it by Bruce Schneier What the battle looks like after Section 702′s reauthorization.

Posted in Uncategorized | Comments Off

E.D.Va.: A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a

A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a. “Rule 41 does not authorize a court to manage the collection, storage, … Continue reading

Posted in F.R.Crim.P. 41, Warrant execution | Comments Off

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

Posted in Attenuation, State constitution | Comments Off

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

Posted in Consent, Standards of review | Comments Off

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

Posted in Burden of proof, Ineffective assistance, Protective sweep | Comments Off

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

Posted in Consent, Drug or alcohol testing, Probable cause | Comments Off

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

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off