Daily Archives: May 11, 2018

NYTimes: Service Meant to Monitor Inmates’ Calls Could Track You, Too

NYTimes: Service Meant to Monitor Inmates’ Calls Could Track You, Too by Jennifer Valentino-DeVries:

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W.D.Tex.: Removal of def’s key fob to press the buttons to locate car was a search that violated a REP in def’s pants pocket

The removal of defendant’s key fob from his pocket to locate his car violated a reasonable expectation of privacy and required suppression of the identity of his car. United States v. Fennell, 2018 U.S. Dist. LEXIS 77041 (W.D. Tex, May … Continue reading

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NY1: REP in a bathroom with door closed but unlocked

A person in a bathroom without a lock on the door with the door shut has a reasonable expectation of privacy. Police opening the door violated that expectation. People v. Vinson, 2018 NY Slip Op 03437, 2018 N.Y. App. Div. … Continue reading

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Cal.1st: Cell phone probation search condition not unreasonable; def to rid self of gang affiliations

An electronic search condition of probation is not per se unreasonable under Riley. Here, it was reasonable to show whether defendant ridded himself of his gang affiliations which was a condition of probation. People v. Guzman, 2018 Cal. App. LEXIS … Continue reading

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WY: Patdown led to plain feel of drugs in watch pocket

During a patdown, the officer felt what was likely drugs in the “coin pocket” (called a watch pocket) and it was immediately apparent to him. Therefore, plain feel applied. Maestas v. State, 2018 WY 47, 2018 Wyo. LEXIS 49 (May … Continue reading

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