Monthly Archives: February 2018

The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges

The Intercept: Confidential ICE Handbook Lays Out Paths for Investigators to Avoid Constitutional Challenges by Eoin Higgins:

Posted in Immigration arrests | Comments Off

KY: Police use of license plate reader violates no REP

Police use of a license plate reader that led to finding a warrant on the owner violated no reasonable expectation of privacy. Traft v. Commonwealth, 2018 Ky. LEXIS 68 (Feb. 15, 2018). In a state wiretapping case over the legal … Continue reading

Posted in Burden of pleading, Good faith exception, Reasonable expectation of privacy | Comments Off

LA5: Scope of auto exception search is the PC that authorizes it

Defendant’s car was subject to the automobile exception because it was mobile, despite being parked and not running. “The scope of the warrantless search of an automobile is not defined by the nature of the container in which the contraband … Continue reading

Posted in Automobile exception, Scope of search | Comments Off

GA: While state database showed def’s car uninsured, his proof of insurance on phone app was enough to show lack of PC for impoundment

The officer here was running LPNs to see if cars passing through an intersection were insured. Defendant’s car came back uninsured based on the state database. Once stopped, however, defendant showed an app on his phone that showed he obtained … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

CA3: Playpen SW violated Rule 41 and 4A, but GFE saves the search

Playpen search warrant violated Fourth Amendment, but the good faith exception saves it. “For the reasons discussed below, we hold that the NIT warrant violated Rule 41(b). As a result, the magistrate judge not only exceeded her authority under the … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception | Comments Off

GA: No IAC for not challenging nonprejudicial typo in the SW affidavit

Defense counsel wasn’t ineffective for not filing a motion to suppress the search warrant for defendant’s cell phones for a typographical error on the date of the alleged offense in the application for the warrant. The affidavit was clear what … Continue reading

Posted in Ineffective assistance, Prison and jail searches, Warrant requirement | Comments Off

Reason: City Orders Businesses to Join Its Police Surveillance System

Reason: City Orders Businesses to Join Its Police Surveillance System by Scott Shackford: Saginaw demands that establishments install video cameras and turn over footage.

Posted in Administrative search | Comments Off

Gizmodo: Man Sues Feds After Finding Spy Camera on His Property and Refusing to Give It Back

Gizmodo: Man Sues Feds After Finding Spy Camera on His Property and Refusing to Give It Back by Sidney Fussell:

Posted in Border search | Comments Off

MA: Officer could follow def into open garage during active drug trafficking investigation

“A Superior Court judge properly denied a criminal defendant’s pretrial motion to suppress evidence discovered following a police officer’s warrantless entry into an open garage through which the officer followed the defendant after observing him standing inside it during a … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off

PA: Powering on a cell phone was the first of three warrantless searches in violation of Riley

Powering on a cell phone to see the screen was the first of three warrantless searches of defendant’s cell phone, all of which violated the Fourth Amendment. They were not harmless, so reversed. Commonwealth v. Fulton, 2018 Pa. LEXIS 982 … Continue reading

Posted in Cell phones | Comments Off

NPR: ACLU Sues Milwaukee Over Alleged Racial Profiling

NPR: ACLU Sues Milwaukee Over Alleged Racial Profiling by Latoya Dennis: The ACLU says Milwaukee police have made tens of thousands of traffic and pedestrian stops without cause because of racial profiling.

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The Daily Report/Law.com: ACLU Release Research on Arrest Warrants for Private Debt

The Daily Report/Law.com: ACLU Release Research on Arrest Warrants for Private Debt

Posted in Arrest or entry on arrest | Comments Off