Daily Archives: June 9, 2018

Philly.com: The solution to stopping stop-and-frisk problems in Philly: Abolish it | Opinion

Philly.com: The solution to stopping stop-and-frisk problems in Philly: Abolish it | Opinion

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MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors

MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors by Tonya Riley: Kansas’ US Attorney’s Office has admitted listening to opposing lawyers’ conversations. Securus, the company responsible for recording the calls, has already faced … Continue reading

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CA9: Shaving a spot on cattle to look at a brand doesn’t violate 4A

Shaving a spot on cattle to look at a brand doesn’t violate the Fourth Amendment. [Actually, nowhere does anything say that so qualified immunity must apply. The case doesn’t say that, but that’s the bottom line.] Gillette v. Malheur County, … Continue reading

Posted in Knock and announce, Search | Comments Off on CA9: Shaving a spot on cattle to look at a brand doesn’t violate 4A

D.S.C.: Cut and paste “clerical error” on address of place to be searched was overcome by GFE

Officers sought a search warrant for defendant’s house at 2681 Houston Street. The search warrant itself, obviously called up on a computer from another case, had 3438 Navajo Street, and nobody noticed the difference, including the judge who reviewed the … Continue reading

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D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

Officers came to defendant’s house essentially as a knock and talk to obtain child pornography on his computer which they knew he had. They told him he could consent to a seizure of the computer while they got a warrant … Continue reading

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E.D.Mich.: Gant didn’t bar a plain view of the interior of def’s car when he was handcuffed on ground

Defendant was arrested for drug dealing, and he was handcuffed on the ground near the car. The search of the car here was based on seeing a gun in the car in plain view, so Gant doesn’t bar the search. … Continue reading

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D.Kan.: Officer’s attempt to use Google Translate to get consent to search car led to confusion; and govt failed in its burden of proof of voluntariness

Defendant was a native Spanish speaker, and the officer tried to use Google translate on his phone to ask him to consent to a search of this car. The result was confusing, and the court finds that the government failed … Continue reading

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W.D.Ky.: Denial of one SW application is not res judicata to another different one

88 days wasn’t stale in a child pornography case. You can’t legally or factually compare marijuana possession to possession of child pornography. Denial of one search warrant application is not res judicata to another. [Usually, the second application is different … Continue reading

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EFF: Does the Government Really Need this Much Power to Deal with an Attack of the Drones?

EFF: Does the Government Really Need this Much Power to Deal with an Attack of the Drones? by India McKinney and Andrew Crocker

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