Daily Archives: June 1, 2018

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here? By Barry Kamins: In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of ‘People v. DeBours,’ the case establishing the level of intrusion allowed during … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

WaPo: Signs of sophisticated cellphone spying found near White House, U.S. officials say

WaPo: Signs of sophisticated cellphone spying found near White House, U.S. officials say by Craig Timberg:

Posted in Stingray / Hailstorm | Comments Off on WaPo: Signs of sophisticated cellphone spying found near White House, U.S. officials say

CA9: Unreasonable detention of those present when SW executed not shown

“The district court also did not err in granting summary judgment in favor of the individual defendants on Strong and Byers’ claims that the detention violated their Fourth Amendment rights. Officers may detain all persons present when a warrant is … Continue reading

Posted in Independent source, Seizure, Warrant execution | Comments Off on CA9: Unreasonable detention of those present when SW executed not shown

CO: Voluntariness of consent is proved by a preponderance of the evidence, not by clear and convincing evidence

Voluntariness of consent in Colorado is proved by a preponderance of the evidence, not by clear and convincing evidence. People v. Delage, 2018 CO 45, 2018 Colo. LEXIS 435 (May 30, 2018). The CI gave probable cause to stop defendant … Continue reading

Posted in Burden of proof, Consent, Probable cause | Comments Off on CO: Voluntariness of consent is proved by a preponderance of the evidence, not by clear and convincing evidence