Monthly Archives: February 2018

CA10: “affidavit established a minimally sufficient nexus between the criminal activity and the place to be searched.”

“Deputy Tucker’s affidavit established a minimally sufficient nexus between the criminal activity and the place to be searched.” Therefore, the affidavit shows probable cause. “The warrant was not based on an affidavit that ‘merely states suspicions, beliefs, or conclusions.’ Roach, … Continue reading

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WSJ: When Illegally Obtained Evidence Can Be Used Against You

WSJ: When Illegally Obtained Evidence Can Be Used Against You by Joe Palazzolo: The digital age has accelerated carve-outs to a concept that most Americans take for granted: that evidence obtained in violation of the Constitution can’t be used against … Continue reading

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CA10: Consent was attenuated from alleged unlawful stop despite def’s real urgency to go pee

The government proved that defendant’s consent was attentuated from the alleged unlawful detention because the paperwork during the stop was given back. The district court considered the fact defendant complained she had to pee really bad. United States v. Ramos, … Continue reading

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CA8: Def has burden of showing illegal detention was “but for” cause of finding evidence

Defendant was a known drug dealer, and he was parked with his hood open. He said he was checking the belt on the engine. The officer was not prohibited from approaching the car and looking under the hood, too. Defendant … Continue reading

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M.D.Fla.: SW’s particularity had a reference back to “property connected with the above listed crime(s)” and that’s particular

Despite renting a hotel room in a false name, defendant had standing to challenge the search of the room because he rented it and he was sleeping there and had his stuff there. The search warrant was based on an … Continue reading

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SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails

SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails by Amy Howe:

Posted in E-mail, F.R.Crim.P. 41 | Comments Off on SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails

Forbes: The Feds Can Now (Probably) Unlock Every iPhone Model In Existence

Forbes: The Feds Can Now (Probably) Unlock Every iPhone Model In Existence by Thomas Fox-Brewster: In what appears to be a major breakthrough for law enforcement, and a possible privacy problem for Apple customers, a major U.S. government contractor claims … Continue reading

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Daily Beast: Fitbit Could Prove a Man’s Innocence. Google Could Send Another to Prison for Murder

Daily Beast: Fitbit Could Prove a Man’s Innocence. Google Could Send Another to Prison for Murder by Kate Briquelet: A troubled boyfriend. A hard-drinking felon. And a young mom bludgeoned to death steps from her own home. Now smart technologies … Continue reading

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CA7: Circumstances justified inference def’s car was getaway car in a robbery, and that was PC

There was probable cause that a getaway car was involved in a robbery. “Here, in contrast, the Mercedes’s conduct cannot be confused with innocent behavior. While it is true that police did not know the occupants of the Mercedes were … Continue reading

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CA9: Ptf refused entry to house on a domestic call, and police broke in and tasered him; grant of QI reversed

Plaintiff refused entry to the police on a domestic call. They broke in and tasered him on the floor. The district court erred in granting qualified immunity to the officers. He refused entry, which was his right, and this case … Continue reading

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D.D.C.: There’s a right of public access to old pen register and SCA orders where no ongoing investigation would be compromised

In a 102 page opinion, with the agreement of the USAO, the D.D.C. finds a limited right of access in old sealed pen register orders and SCA orders and unseals those that will not compromise ongoing investigations. There is an … Continue reading

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HuffPo: Trump’s Anti-Immigration Machine Is Chipping Away At The Fourth Amendment

HuffPo: Trump’s Anti-Immigration Machine Is Chipping Away At The Fourth Amendment by Cesar Vargas: Now as president with the power to direct actions by the Department of Homeland Security, which oversees our nation’s border and immigration policies, he is exploiting … Continue reading

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