Daily Archives: February 25, 2018

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:

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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:

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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

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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

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SD: Search incident doctrine doesn’t apply to driver’s urine samples

A urine sample can’t be taken from a suspect incident to an arrest. Nothing about the search incident doctrine of officer safety and destruction of evidence applies to urine samples. State v. Lar, 2018 SD 18, 2018 S.D. LEXIS 26 … Continue reading

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