Monthly Archives: April 2018

S.D.Ohio: Riley‘s cell phone SW requirement doesn’t apply to probation searches of a cell phone

Riley does not require a warrant for a probation search of a probationer’s cell phone. United States v. Fletcher, 2018 U.S. Dist. LEXIS 65591 (S.D. Ohio Apr. 18, 2018). Officers had probable cause to search the trunk of a car … Continue reading

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OH9: “Counsel’s decision not to pursue every possible angle [in a suppression motion] is not ineffective assistance.”

“Counsel’s decision not to pursue every possible angle [in a suppression motion] is not ineffective assistance.” State v. Palmer, 2018-Ohio-1486, 2018 Ohio App. LEXIS 1631 (9th Dist. Apr. 18, 2018). Defendant’s swerving vehicle and trailer provided reasonable suspicion for a … Continue reading

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D.Minn.: Citizen informant wasn’t material witness under Roviaro

A citizen informant who called police to say that a store video shown on the news looked like defendant wasn’t a material witness at trial under Roviaro. The government wasn’t calling the person, and defendant didn’t show a reason to. … Continue reading

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W.D.Ky.: Drug dog sticking his nose into defendant’s car was instinctual and wasn’t caused by the police

A drug dog sticking his nose into defendant’s car was instinctual and wasn’t caused by the police, following United States v. Sharp, 689 F.3d 616 (6th Cir. 2012). United States v. Miles, 2018 U.S. Dist. LEXIS 66899 (W.D. Ky. Apr. … Continue reading

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NE: A motion in limine is not a substitute for a motion to suppress

“A suppression hearing is preparatory, because it relates to auxiliary issues not immediately relevant to the question of guilt and is held in anticipation of certain evidence being introduced at a forthcoming trial.” A motion in limine is not a … Continue reading

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The Crime Report: Facial Recognition Software: Coming Soon to Your Local Retailer?

The Crime Report: Facial Recognition Software: Coming Soon to Your Local Retailer? by Nick Coult: Shoplifting is harmless, right? It’s nothing more than a victimless petty crime. Besides, it doesn’t really hurt the retailers because they just write off their … Continue reading

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CAAF: Inevitable discovery and lack of bad faith saved AFOSI’s exceeding scope of search authorization

AFOSI officers exceed the military search authorization which omitted defendant’s bags. They’d sought a search of the bags and it was within the confines of the affidavit. There was no bad faith, and they were actively investigating pursuing leads on … Continue reading

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N.D.Cal.: Lyft drivers didn’t state a claim for invasion of privacy from taking of geolocation data that was shared on an app

Plaintiff Lyft drivers sued Uber for invasion of privacy and other claims. Plaintiff did not state an invasion of privacy claim from using an app on their phone that tracked them. He didn’t have a reasonable expectation of privacy in … Continue reading

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D.N.M.: RS can start as one thing and become something else

An officer on regular patrol saw defendant peering in a church window when there were no services. The officer stopped to inquire and defendant’s activity turned to suspicious for possessing a weapon. Reasonable suspicion can shift from one thing to … Continue reading

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New law review article: Notice and Standing in the Fourth Amendment: Searches of Personal Data

Jennifer Daskal, Notice and Standing in the Fourth Amendment: Searches of Personal Data, 26 Wm. & Mary Bill Rts. J. 437 (2017). Abstract:

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S.D.N.Y.: Parole search was valid despite def being in jail at time

Defendant was on parole and allegedly shot at somebody. That justified a parole search of his residence. The fact he was in jail at the time didn’t matter. United States v. Jaiman, 2018 U.S. Dist. LEXIS 64797 (S.D. N.Y. Apr. … Continue reading

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The Reporter: Columnist: Answers to privacy concerns depend on philosophical approach

The Reporter: Columnist: Answers to privacy concerns depend on philosophical approach by Richard Bammer:

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CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint

Not the first time, and certainly not the last: CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint by Ms. Smith: Even if the cops can’t be legally accused of violating a dead man’s … Continue reading

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E.D.Cal.: Alleged search of a public computer in a library for ptf’s usage didn’t violate any REP

Alleged search of a public computer in a college library for information about plaintiff’s use of it doesn’t violate any reasonable expectation of privacy. Berry v. Yosemite Cmty. College Dist., 2018 U.S. Dist. LEXIS 64732 (E.D. Cal. Apr. 17, 2018). … Continue reading

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W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports

The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer’s report wasn’t enough just because the officer believed that defendant’s residence was the target of the search. United States v. Lewis, 2018 … Continue reading

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D.Mass.: Def made his Franks challenge at the suppression hearing; statement was reckless and completely undermined nexus to house

Defendant showed enough to get a Franks hearing. United States v. Roman, 2017 U.S. Dist. LEXIS 167167, 2017 WL 4517963 (D. Mass. Oct. 10, 2017). “Following the Franks hearing—which occurred on multiple days spread out between November of 2017 and … Continue reading

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IN: Recording a recording off a Facebook account doesn’t violate the federal wiretap law

Defendant was accused of breaking into his ex-girlfriend’s apartment and stealing her work iPad and other personal things. She signed on to his Facebook account with a password he’d previously given her. She found a recording there which admitted he … Continue reading

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WaPo: Opinion: ‘The Watch’ blog: Lunch links: Louisiana attorney general approves of arresting people who threaten to file police complaints

WaPo: Opinion: ‘The Watch’ blog: Lunch links: Louisiana attorney general approves of arresting people who threaten to file police complaints by Radley Balko:

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NJ: DV seizure order and SW issued; dismissal of DV matter doesn’t affect independent SW

Family court DV search warrant was adequate and helped support an additional search warrant by the criminal court. There was probable cause. The ultimate dismissal of the DV petition had no legal effect on the validity of the search warrant. … Continue reading

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DE: “The scope of the warrant so far outruns that probable cause finding—and is so lacking in particularity relative to that probable cause finding—that it qualifies as plain error.”

A rare outcome: “The scope of the warrant so far outruns that probable cause finding—and is so lacking in particularity relative to that probable cause finding—that it qualifies as plain error.” Buckham v. State, 2018 Del. LEXIS 166 (Apr. 18, … Continue reading

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