Daily Archives: April 13, 2018

The Hill: We need a new law to protect lawyer-client communications

The Hill: We need a new law to protect lawyer-client communications by Alan Dershowitz: The Fifth Amendment merely prohibits the use of illegally obtained self-incriminatory information at the defendant’s criminal trial. The Fourth Amendment prohibits unlawful intrusions into the privacy … Continue reading

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Atlantic: The Principle of Professional Law Enforcement Is Now on the Line

Atlantic: The Principle of Professional Law Enforcement Is Now on the Line by Benjamin Wittes: If the president can, with impunity, remove the deputy attorney general, the very notion that law enforcement has a higher function than serving power becomes … Continue reading

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Atlantic: Drug Use Is Detectable on Your Fingerprints

Atlantic: Drug Use Is Detectable on Your Fingerprints by Rod McCullom

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Law.com: Why Some Judicial Nominees Struggle When Asked About ‘Brown v. Board of Education’

Law.com: Why Some Judicial Nominees Struggle When Asked About ‘Brown v. Board of Education’ by Tony Mauro: For some nominees, the concern is that by answering explicitly, they would be viewed as biased. For others, the decisions they are being … Continue reading

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CA4: The facts not included in the affidavit for SW only would have enhanced the PC

“We conclude that, contrary to Combs’ assertions, there is no evidence that Davis intentionally or recklessly omitted material information from the affidavit. In fact, Davis’s testimony at the suppression hearing shows that the facts not included in the affidavit would … Continue reading

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CA1: Suppression motion was untimely without a showing of good cause, and it would not be determined on appeal

“Sweeney neither challenged the finding of untimeliness before the district court, nor does he now argue that his delay in filing the motion to suppress was excused by good cause. As such, because of his waiver, we need not address … Continue reading

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Cal.-LA Cty: REP of apartment tenants barred discovery against them as witnesses

Tenants of an apartment complex had a reasonable expectation of privacy from being brought into a discovery dispute. They had a right not to have their privacy invaded. Castillo v. LA Props. Heffesse LLC, 2018 Cal. Super. LEXIS 119 (Super. … Continue reading

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ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids?

No, the attorney-client privilege isn’t dead, and neither is the crime fraud exception. ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids? by Stephanie Francis Ward:

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CA2: SW for computers doesn’t require they be specifically identified

The Fourth Amendment does not require that a search warrant for computers specifically identify them [because that’s not possible]. A search warrant to seize computers permits their search under Rule 41. United States v. Beal, 2018 U.S. App. LEXIS 9056 … Continue reading

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OH7: Driving on a suspended license doesn’t justify search incident of the car

Driving on a suspended license does not justify a search incident of his vehicle. Even worse, however, there was no justification for the arrest anyway. He was interrogated while handcuffed and admitted that there was heroin in his shoe. There … Continue reading

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E.D.Mich.: No PC for the warrant, but it wasn’t “so lacking” in PC that the GFE wouldn’t apply

There was no probable cause for issuance of the search warrant, but it wasn’t “so lacking” in probable cause because there was at least something. “The officers, therefore, acted in good faith in executing the warrant because, although the affidavit … Continue reading

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D.Neb.: The gov’t put def on notice standing was an issue, and def didn’t respond with proof; no standing

The government argued no standing. “Despite being on notice that standing was an issue, Defendant did not introduce evidence at the suppression hearing to establish his relationship to the property searched in this case.” Going to the merits anyway, defendant … Continue reading

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