Daily Archives: February 8, 2018

SCOTUSblog: Symposium: Whatever happens in US v. Microsoft, three themes will persist

SCOTUSblog: Symposium: Whatever happens in US v. Microsoft, three themes will persist

Posted in E-mail, SCOTUS | Comments Off

NY2: Morning eviction led to trespassing claim in afternoon, and police entry was valid; no REP after eviction

All the occupants of an apartment were evicted in the morning. Stragglers didn’t vacate. The building manager reported trespassers to the police and they came and entered. They found eight guns in defendant’s possession. Because of the eviction, nobody had … Continue reading

Posted in Ineffective assistance, Reasonable expectation of privacy | Comments Off

HuffPo: Tennessee Sheriff Said ‘I Love This Shit’ After Ordering Deputies To Shoot Suspect: Video

HuffPo: Tennessee Sheriff Said ‘I Love This Shit’ After Ordering Deputies To Shoot Suspect: Video by Hayley Miller Sheriff Oddie Shoupe told officers that he would rather they use deadly force than risk damaging patrol cars, according to bodycam footage.

Posted in Excessive force | Comments Off

First rate appellate CLE in Arkansas 3/28-29, not just 8th Cir. focused

2018 Justice Donald L. Corbin Appellate Symposium, March 28-29th in Little Rock at Bowen School of Law. Lawyers in surrounding states, please take notice. Three judges from the 8th, one from the 6th, 9th, and 11th and a state or … Continue reading

Posted in Uncategorized | Comments Off

CA6: Seizure under SW was valid despite a catchall phrase because it was severable; suppression of phone search reversed

Defendants were suspected of committing a series of home invasion robberies, and they were charged with racketeering. The district court suppressed the searches of their phones for the use of language too general. The government concedes there was an overbroad … Continue reading

Posted in General warrant, Overbreadth | Comments Off

E.D.N.Y.: Gov’t doesn’t satisfy burden for gag order re grand jury subpoena for email records

The government’s conclusory statement in a grand jury subpoena that a gag order was needed is inadequate to satisfy the requirement of the Stored Wire and Electronic Communications and Transactional Records Access, 18 U.S.C. § 2701 et seq. In re … Continue reading

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

C.D.Ill.: The conditions precedent for this anticipatory warrant were vague, but it still wasn’t unreasonable when finally executed

The conditions precedent for execution of this anticipatory warrant were vague, but not so vague that it was unreasonable when executed. “The Court … finds and recommends that both triggering events for the warrant occurred. Moreover, even if those events … Continue reading

Posted in Anticipatory warrant | Comments Off

AR: State’s auto insurance database isn’t up to date, but missing insurance record is still PC for a stop

A computer check showed defendant’s vehicle insurance was cancelled, although the database was admittedly often not current with this warning: “The insurance information is provided by the Department of Finance and Administration. Valid insurance policies may exist that are not … Continue reading

Posted in Probable cause, Standing | Comments Off