Daily Archives: July 4, 2018

Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You

Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You by Kashmir Hill (it’s not but apps tracking what you see and seek may make it seem that way):

Posted in Cell phones, Surveillance technology | Comments Off on Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You

WSJ: How to Protect Your Email Inbox From Snoopers

WSJ (sub. req.): How to Protect Your Email Inbox From Snoopers by Douglas MacMillan: An email inbox is a vault of secrets. In recent years, millions of users have been giving out the combination.

Posted in E-mail | Comments Off on WSJ: How to Protect Your Email Inbox From Snoopers

The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’

The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’ by Chris Howell:

Posted in Surveillance technology, Third Party Doctrine | Comments Off on The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’

CA4: Carpenter didn’t apply under Davis GFE where circuit law didn’t require warrant before

Carpenter doesn’t apply under Davis good faith exception where circuit law didn’t require a warrant before. Besides, here it was harmless at best. United States v. Chavez, 2018 U.S. App. LEXIS 18022 (4th Cir. July 2, 2018):

Posted in Cell site location information, Good faith exception | Comments Off on CA4: Carpenter didn’t apply under Davis GFE where circuit law didn’t require warrant before

CA7: Drug court staffers’ making arrests outside courthouse may have violated state law but were reasonable under 4A

In claims against a drug court out of control involving multi-month detentions for really short term ordered incarcerations, there was also a Fourth Amendment claim: Two drug court staffers, one a bailiff with no authority outside the courthouse, undertook to … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Reasonableness | Comments Off on CA7: Drug court staffers’ making arrests outside courthouse may have violated state law but were reasonable under 4A

CA9: Prior illegal entry into home doesn’t void subsequent SW if observations removed from SW affidavit

Assuming, without deciding, the warrantless entry into defendant’s home was invalid, there still was probable cause for issuance of the search warrant based on the remainder of the affidavit, excising the product of the prior entry. Inclusion of information from … Continue reading

Posted in GPS / Tracking Data, Independent source | Comments Off on CA9: Prior illegal entry into home doesn’t void subsequent SW if observations removed from SW affidavit

CA2: A request to Italy to search a computer under MLAT wasn’t governed by 4A

Defendant was accused of computer hacking from Italy, and Italian police conducted a search of his computers there. “Beyond alleging that the search was conducted at the request of the U.S. government, however, Gasperini does not argue that Italian officials … Continue reading

Posted in Foreign searches | Comments Off on CA2: A request to Italy to search a computer under MLAT wasn’t governed by 4A

D.S.D.: Pole camera surveillance was troubling, but for def being on supervised release with a reduced REP

Pole camera surveillance of defendant may have been intrusive, and the court is sensitive to the ability of a pole camera to invade on privacy, but this case turns on defendant being on supervised release with a lower expectation of … Continue reading

Posted in Pole cameras, Probation / Parole search, Reasonable suspicion | Comments Off on D.S.D.: Pole camera surveillance was troubling, but for def being on supervised release with a reduced REP

MA: There was PC for strip search; alleged violation of strip search policy wasn’t enough to suppress

There was probable cause for defendant’s strip search because everything indicated he had drugs on his person. His “animated” response to the strip search request only added to it, and the officers testified that the crotch area is where suspects … Continue reading

Posted in Consent, Strip search | Comments Off on MA: There was PC for strip search; alleged violation of strip search policy wasn’t enough to suppress

M.D.N.C.: Calling def a “suspect” in the affidavit for SW for his house, without more, isn’t PC and the GFE doesn’t apply

Defendant was identified as a “suspect” in a shooting, but the police provided nothing to the issuing magistrate that even suggested how. The affidavit for the search warrant of defendant’s home was “bare bones,” and the good faith exception can’t … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on M.D.N.C.: Calling def a “suspect” in the affidavit for SW for his house, without more, isn’t PC and the GFE doesn’t apply

OH2: Towing company couldn’t be ordered to return car without being heard

The trial court doesn’t have the power to order the towing company to return defendant’s car without it being heard. It does, however, have the power to order the police to return what it seized that it does not need … Continue reading

Posted in Informant hearsay, Rule 41(g) / Return of property | Comments Off on OH2: Towing company couldn’t be ordered to return car without being heard

OR: Search of browser history limited to the PC, and here it was one day

Police received a call that defendant’s infant son had died at home. In his interview with the police, defendant admitted a computer search about it. The police got a search warrant for his computer search history. The probable cause here … Continue reading

Posted in Computer searches, Overbreadth, Particularity | Comments Off on OR: Search of browser history limited to the PC, and here it was one day