Daily Archives: January 29, 2018

The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents

The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents by Ali Winston: Late last month, a Manhattan judge ordered the New York City Police Department to release documentation about the department’s use of secretive and highly controversial ‘predictive … Continue reading

Posted in Surveillance technology | Comments Off

Foreign Policy Research Institute: A Response to “Americans, the NSA is Still Listening: Section 702 is Alive and Well”

Foreign Policy Research Institute: A Response to “Americans, the NSA is Still Listening: Section 702 is Alive and Well” by George W. Croner:

Posted in FISA | Comments Off

OH8: Failure to put the SW affidavit into evidence at suppression hearing waived def’s challenge

Defendant’s suppression motion made an attempt at a GPS and Franks challenge. After the hearing was over, the warrant and affidavit to procure it were not proffered for the record. This was waiver. State v. Mock, 2018-Ohio-268, 2018 Ohio App. … Continue reading

Posted in Burden of proof | Comments Off

D.Nev.: UPS employee conducted private search and allowing police to photograph contents did exceed private search

A UPS employee suspected contraband in a package shipped from Las Vegas to Florida, and a supervisor then opened. While it was open, police came and photographed it, and this did not exceed the private search. United States v. Washington, … Continue reading

Posted in Inventory, Private search | Comments Off

E.D.Mich.: Franks challenge fails because there still would be PC

Defendant’s Franks challenge fails because, even accepting it as true, there’s still probable cause. United States v. Barclay, 2018 U.S. Dist. LEXIS 12061 (E.D. Mich. Jan. 25, 2018).* “Probable cause ‘is not a high bar.’ Kaley v. United States, 134 … Continue reading

Posted in Franks doctrine, Inventory | Comments Off

DE: No REP in recorded jail calls [obviously]

Defense counsel was not ineffective for not objecting to defendant’s jail calls that he knew were monitored and recorded. Hubbard v. State, 2018 Del. LEXIS 34 (Jan. 25, 2018).* A drug raid led to a strip search of defendant in … Continue reading

Posted in Particularity, Reasonable expectation of privacy | Comments Off

FL4: Exigency required finding def’s cell phone to locate a school bus stop shooter

Exigent circumstances in finding a shooter at a school bus stop necessitated the officers pinging the cell phone to locate the shooter. Defense counsel wasn’t ineffective for not challenging the search because it would have failed. Barton v. State, 2018 … Continue reading

Posted in Cell phones, Emergency / exigency, Ineffective assistance | Comments Off

D.Nev.: Application for gag order against GJ witnesses was insufficient

An application for a gag order against grand jury witnesses was insufficient. “The application as currently submitted fails to establish sufficient grounds for a non-disclosure order. First, a particularized showing of need has not been made and, instead, the application … Continue reading

Posted in Gag orders, Subpoenas / Nat'l Security Letters | Comments Off

NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules

NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules by Sheera Frankel: The tech giants are preparing for a stringent new set of data privacy rules in the region, called the General Data Protection Regulation. Set to take effect … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off