Daily Archives: April 30, 2018

E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

Defendant was arrested at his house, and his wife later consented to entry to seize a gun. The officers’ threat to get a search warrant if she didn’t consent was genuine and there was probable cause to get a search … Continue reading

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CA11: There is no adverse inference as a matter of law from failure to maintain audio of stop

Because the exclusionary rule is a “last resort,” on plain error review, defendant cannot claim error for the failure of the district court to determine that his version of the facts is more credible than the governments. There is no … Continue reading

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Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules

United States v. Spencer, 2018 U.S. Dist. LEXIS 70649 (N.D. Cal. Apr. 26, 2018) Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules by Orin Kerr: The right … Continue reading

Posted in Cell phones, Computer searches | Comments Off on Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules

Fortune: Police Body Cameras Could Get Facial Recognition Technology

Fortune: Police Body Cameras Could Get Facial Recognition Technology by Lisa Marie Segarra:

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AP: Earlier search for Golden State Killer led to wrong man

AP: Earlier search for Golden State Killer led to wrong man by Michael Balsamo and Jonathan J. Cooper with Frank Stoltze:

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D.Md.: After 4A claim affirmed on appeal, 2255 isn’t available to litigate the merits

No, the defendant doesn’t get to continue litigating his Fourth Amendment claim into infinity by going to 2255 after loosing the appeal. White v. United States, 2018 U.S. Dist. LEXIS 70628 (D. Md. Apr. 26, 2018):

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IN: Def slumped over steering wheel in hospital parking lot justified look in car based on emergency aid exception

A deputy sheriff was doing off-duty security work at a hospital same day surgery parking lot when he saw the defendant slumped over his steering wheel, the door open, and the engine off. When the officer turned on his take … Continue reading

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