Monthly Archives: February 2018

NY3: Building didn’t appear to be two units; SW for def’s dwelling, he answered door, and then they saw

The search warrant’s describing the dwelling as a single family dwelling when it was really two and defendant lived on the second floor didn’t make it overbroad. It did not appear to be a multi-unit dwelling and defendant answered the … Continue reading

Posted in Nexus, Overbreadth | Comments Off on NY3: Building didn’t appear to be two units; SW for def’s dwelling, he answered door, and then they saw

M.D.Ga.: Defs had standing in borrowed car; no RS because defs’ answers were objectively reasonable

Defendants borrowed a car and had standing in the car because it contained personal records being transported. The stop was unreasonably extended by questions about the trip. The officer found them suspicious, but the court does not. The defendants’ answers … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off on M.D.Ga.: Defs had standing in borrowed car; no RS because defs’ answers were objectively reasonable

W.D.Pa.: SW materials can be considered in determining whether to detain

“When considering same together with the Bond Report, the indictment, and police reports and search warrant documents, the Court alternatively finds that the Government established by clear and convincing evidence that Defendant is a danger to the community. See Perry, … Continue reading

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WaPo: Supreme Court to hear Microsoft case: A question of law and borders

WaPo: Supreme Court to hear Microsoft case: A question of law and borders by Ellen Nakashima:

Posted in E-mail, F.R.Crim.P. 41, SCOTUS | Comments Off on WaPo: Supreme Court to hear Microsoft case: A question of law and borders

D.Mass.: Overseizure by retention of unresponsive emails seized under SW doesn’t require suppression of all

Defendant contends that the overseizure and retention of emails obtained by warrant that aren’t relevant to the crime under investigation requires suppression of even that which was validly obtained. No court has gone that far. His creative attempt to extend … Continue reading

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OR: Def disavowed consent issue in trial court, so he couldn’t argue it on appeal

Defendant disavowed the argument made on appeal in the trial court, and you just can’t do that. “Defendant failed to preserve his argument because he failed to provide the trial court with an objection, let alone ‘an explanation of his … Continue reading

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InCyberDefense: IMSI Catchers Revive a Heated Debate on Privacy versus Security

InCyberDefense: IMSI Catchers Revive a Heated Debate on Privacy versus Security by Wes O’Donnell. States where used:

Posted in Stingray / Hailstorm | Comments Off on InCyberDefense: IMSI Catchers Revive a Heated Debate on Privacy versus Security

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

DE: Exclusionary rule does not apply in probation revocation proceedings

Deciding an issue of first impression in the state, the court concludes that the exclusionary rule does not apply in probation revocation proceedings. Surveying law from other states, some recognize a bad faith exception for probation searches, but this case … Continue reading

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M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant

Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Immigration checkpoints | Comments Off on M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant

E.D.Ky.: Activating a key fob to find the car isn’t a search

Activating a key fob to find the car it belongs to is not a search. “Moreover, the Sixth Circuit has held that ‘[t]he mere insertion of a key into a lock, by an officer who lawfully possesses the key and … Continue reading

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E.D.Va.: Arrest at the threshold wasn’t an entry in violation of 4A

Police received a call about drug trafficking, and, when they arrived, they could smell marijuana. That was enough. “Jones unsuccessfully attempts to distinguish between possession of marijuana for commercial activity—i.e., selling it—and possession for personal use.” Officers knocked at the … Continue reading

Posted in Arrest or entry on arrest | Comments Off on E.D.Va.: Arrest at the threshold wasn’t an entry in violation of 4A