Monthly Archives: March 2018

N.D.Ga.: Malaysian police seizing evidence on execution of an extradition warrant to the U.S. wasn’t a “joint venture” with U.S.

Defendant is a Nigerian who was living in Kuala Lumpur, Malaysia. He was arrested on an extradition warrant from the United States for computer hacking of the Georgia Tech computer system. His computers and media were seized at the time … Continue reading

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NY1: Cross-exam of police officers’ alleged deficient investigation opened door to CI’s information

Defendant’s cross-examination of officers on the alleged lack of quality of their investigation opened the door to why they were there, the CI’s story. The trial court mitigated the prejudice by a limiting instruction. People v. Brown, 2018 NY Slip … Continue reading

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ABAJ: Courts are awarding significant damages to families whose dogs are killed by police

ABAJ: Courts are awarding significant damages to families whose dogs are killed by police by Arin Greenwood:

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Cal.1: Subpoena for info on who arranged home rentals didn’t violate SCA and would be enforced

The City sought a subpoena to HomeAway to produce records of people that arrange occasional rentals of their homes or apartments for purposes of collecting sales taxes. HomeAway contends that it merely enables people to connect with each other and … Continue reading

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MS: “Catch all” phrase in SW that permitted seizure of that which was found in plain view was merely a restatement of the plain view doctrine

A “catch all” phrase that permitted seizure of that which was found in the course of a valid search was merely a restatement of the plain view doctrine, and that doesn’t justify suppression. Defendant’s other scope of search claim was … Continue reading

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CA9: Shell casings in front of house corroborated shooting call police received then def “blatantly lied” about somebody else in house

Police received a call about an emergency at defendant’s house. Once there, defendant came outside and promptly lied about anybody else being inside because they’d seen somebody just enter, and there were shell casings in the front yard corroborating that … Continue reading

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OR: The affidavit for warrant described def as “high volume” heroin dealer; in PC determination, whose idea was it to deal at house was important: CI or def? That’s important

A probable isolated heroin sale at a house doesn’t show probable cause to believe that defendant was a “high volume” heroin dealer as alleged in the affidavit. The reference to the prior delivery doesn’t allege whether the choice of location … Continue reading

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S.D.Miss.: Courts condone broader warrants when CP is being sought

Where the computer child pornography warrant required the electronic media be searched in 14 days and it was searched in two days there was no prejudice. The warrant was not general. The tendency in the cases is to permit broader … Continue reading

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N.D.N.Y.: Rental inspection code use of may not shall to get admin. warrant not 4A violation

The fact the City of Schenectady’s rental building inspection code says that the inspectors may get a warrant instead of shall doesn’t state a Fourth Amendment violation. There’s no evidence that the city has applied it unconstitutionally yet. Hafez v. … Continue reading

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D.Conn.: Def didn’t consent; in police photographs “Her jaw is slack and her eyes are wide open in a classic ‘deer-in-the-headlights’ pose. In the Court’s view, she appears frightened and overwhelmed.”

The government didn’t get consent to enter. The officers pounded on the door and entry was by acquiescence. The defendant was photographed. “In both photographs, she is wearing a sheer nightgown. Her jaw is slack and her eyes are wide … Continue reading

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The Intercept: ICE Uses Facebook Data to Find and Track Suspects, Internal Emails Show

The Intercept: ICE Uses Facebook Data to Find and Track Suspects, Internal Emails Show by Lee Fang: ICE, the federal agency tasked with Trump’s program of mass deportation, uses backend Facebook data to locate and track suspects.

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NYTimes: Our Increasingly Unenforceable Constitution

NYTimes: Our Increasingly Unenforceable Constitution by Stephen I. Vladeck

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