Daily Archives: March 20, 2018

NYTimes: Opinion: Facebook’s Surveillance Machine

NYTimes: Opinion: Facebook’s Surveillance Machine by Zeynep Tufekci: Facebook makes money, in other words, by profiling us and then selling our attention to advertisers, political actors and others. These are Facebook’s true customers, whom it works hard to please.

Posted in Surveillance technology | Comments Off on NYTimes: Opinion: Facebook’s Surveillance Machine

NYTimes: ‘Testilying’ by Police: A Stubborn Problem

NYTimes: ‘Testilying’ by Police: A Stubborn Problem by Joseph Goldstein Police lying persists, even amid an explosion of video evidence that has allowed the public to test officers’ credibility.

Posted in Police misconduct | Comments Off on NYTimes: ‘Testilying’ by Police: A Stubborn Problem

NJ: Police break-in into apartment building common hallway violated REP

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant’s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, Standing | Comments Off on NJ: Police break-in into apartment building common hallway violated REP

CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

Defendant had no standing to complain that a DEA administrative subpoena was used to identify the storage unit that was his so the DEA could use a drug dog on his storage unit. Defendant’s plain error argument that a tracking … Continue reading

Posted in Administrative search, Dog sniff, Probable cause, Standing | Comments Off on CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

D.Ore.: SW for all emails for 6½ months was overbroad; it could be narrowed for word search

A search warrant to Google for all emails from the target’s accounts from October 1, 2016 to April 14, 2017 was overbroad. It was a sex trafficking investigation, but the request can be narrowed because Google can word search and … Continue reading

Posted in E-mail, Particularity | Comments Off on D.Ore.: SW for all emails for 6½ months was overbroad; it could be narrowed for word search

W.D.La.: Use of key fob to find def’s car in Walmart parking lot wasn’t unreasonable search

Using defendant’s key fob to find his car in a Walmart parking lot was not an unreasonable search because there was no reasonable expectation of privacy in which car was his, following United States v. Cowan, 674 F.3d 947 (8th … Continue reading

Posted in Probable cause, Reasonable expectation of privacy | Comments Off on W.D.La.: Use of key fob to find def’s car in Walmart parking lot wasn’t unreasonable search

OH8: A pill bottle search wasn’t plain view during execution of SW for firearms

The police had a search warrant for firearms, and, during execution of the warrant, the officers looked in a pill bottle. The state’s plain view argument is unavailing because it wasn’t immediately apparent to the officers. “We further find little … Continue reading

Posted in Informant hearsay, Overseizure, Plain view, feel, smell | Comments Off on OH8: A pill bottle search wasn’t plain view during execution of SW for firearms

OH8: Trash pull helped corroborate informant hearsay

The police received informant hearsay, and sought to corroborate it, and a trash pull did it. State v. Rieves, 2018-Ohio-955, 2018 Ohio App. LEXIS 1021 (8th Dist. Mar. 15, 2018). The town’s housing inspection scheme is reasonable under the Fourth … Continue reading

Posted in Administrative search, Dog sniff, Informant hearsay | Comments Off on OH8: Trash pull helped corroborate informant hearsay