Monthly Archives: July 2018

LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says

LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says by Nina Agrawal:

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WaPo Opinion: Facial recognition threatens our fundamental rights

WWaPo Opinion: Facial recognition threatens our fundamental rights by Clare Garvie:

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SCOTUSblog: Judge Kavanaugh on the Fourth Amendment

SCOTUSblog: Judge Kavanaugh on the Fourth Amendment by Orin S. Kerr: Judge Brett Kavanaugh’s views of the Fourth Amendment have drawn significant interest following his recent nomination to the Supreme Court. This post takes a close look at Kavanaugh’s key … Continue reading

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CNN: FBI releases Carter Page surveillance warrant documents

CNN: FBI releases Carter Page surveillance warrant documents by Jeremy Herb and David Shortell. The 412 page application, warrant, and other papers is here. The applications included Page’s denials made to the FBI before it was sought. NYT: Without Evidence, … Continue reading

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D.D.C.: SW for Manafort’s home sustained; SW for state of mind evidence permitted under Andresen

The search warrant for defendant’s home for “[a]ny and all financial records,” “[e]vidence indicating Manafort’s state of mind as it relates to the crimes under Investigation,” and “[c]omputers or storage media used as a means to commit the Subject Offenses” … Continue reading

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E.D.Wis.: Body cam video along with testimony showed consent voluntary

The body cam video of the encounter on the street shows that the consent was voluntary. United States v. Polnitz, 2018 U.S. Dist. LEXIS 120364 (E.D. Wis. July 19, 2018).* “[T]he trial court erred in determining that, following the Birchfield … Continue reading

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TN: Failure to leave copy of SW mere technical error

Defendant had her blood drawn by search warrant, and the officer failed to leave a copy of the warrant with her. The trial court granted her motion to suppress, and the court of criminal appeals affirmed. Reversed: The mere nonprejudicial … Continue reading

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CA11: IRS summons to bank would be enforced; the summons was reasonable under the 4A: info sought was reasonable and narrowly tailored, and it was to a bank

The district court did not err in enforcing the IRS summons under 26 U.S.C.S. § 7602 to the taxpayers’ bank because the taxpayers did not have a reasonable expectation of privacy in the financial records held by the bank. The … Continue reading

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CA9: Def shows issuing magistrate on arrest warrant wasn’t neutral and detached, but he still loses to GFE

The Ninth Circuit recognizes judicial abandonment under the neutral and detached magistrate requirement, but defendant here still loses. The officers arresting him on the warrant weren’t there when the judicial officer failed to read the papers, and they had no … Continue reading

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CA3: Violation of Vienna Convention on arrest doesn’t lead to dismissal

“Dismissal of the indictment and suppression of evidence are not appropriate remedial measures for a violation of Article 36 [of the Vienna Convention] in this case.” Sanchez-Llamas v. Oregon, 548 U.S. 331, 350 (2006). United States v. Castillo, 2018 U.S. … Continue reading

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CA9: On remand for a hearing on inevitable discovery, the district court found it applied three ways

On remand from United States v. Harris, 642 Fed. Appx. 713 (9th Cir. 2016), the district court had a hearing on application of inevitable discovery. “At the supplemental hearing, the district court made three findings in determining that the inevitable … Continue reading

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The Hill: Special master in Cohen case rejects more than a third of legal team’s privileged items

The Hill: Special master in Cohen case rejects more than a third of legal team’s privileged items by Aris Folley: According to court documents filed Thursday, Special master Barbara Jones found that 1,452 out of the 4,085 items designated privileged … Continue reading

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