Daily Archives: March 23, 2018

NYLJ: Time to End Qualified Immunity?

NYLJ: Time to End Qualified Immunity? by Ilann M. Maazel: Civil Rights Litigation columnist Ilann M. Maazel writes: Qualified immunity is often asserted and litigated in §1983 cases. But some conservative scholars now argue that the doctrine is lawless. This … Continue reading

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The Crime Report: Can Alexa Testify Against You?

The Crime Report: Can Alexa Testify Against You? by Julia Pagnamenta As Amazon actively looks for new ways to expand Alexa’s functions, the risks for privacy violations increase exponentially as well.

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N.D.Cal.: Court orders target to open computer and phones under All Writs Act; no privilege bars order

Police seized a computer, hard drive, and iPhone that had been encrypted and password protected. The FBI couldn’t get in. The government applies for an order under the All Writs Act. The court finds that the Fifth Amendment testimonial privilege … Continue reading

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IA: IAC Franks claim was speculative; def claims no facts at all

Defendant filed an ineffective assistance of counsel claim alleging that if defense counsel had investigated the officer’s allegations he’d have found a Franks challenge. This was purely speculative because not a word was provided about what such an investigation would … Continue reading

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W.D.Mo.: Trespassing on a shopping center parking lot after being told to leave was RS

Officers went to a shopping center parking lot to roust people meeting in the parking lot that they suspected were gang members. Defendant was told to leave, and he drove around and didn’t. The stop of his car was based … Continue reading

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E.D.N.C.: Mere disagreement with state court conclusion on 4A claim doesn’t overcome Stone v. Powell bar

Defendant litigated his search in state court and lost in the trial court and on appeal. He filed a habeas petition. “Petitioner’s disagreement with the ultimate disposition of his Fourth Amendment claim does not indicate he was not given a … Continue reading

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