Monthly Archives: August 2018

ABAJ: Class action filed against Google over location tracking

ABAJ: Class action filed against Google over location tracking by Jason Tashea:

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Editorial: Police Videos Should Be Public Under OPRA

NJLJ: Editorial: Police Videos Should Be Public Under OPRA: In Paff v. Ocean County Prosecutor’s Office, our Supreme Court has held in a 4-3 decision that police video recordings are exempt from disclosure under the Open Public Records Act. We … Continue reading

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NYLJ: Crime Fighting Cyber Surveillance Tools After ‘Carpenter’s’ Adjustment

NYLJ: Crime Fighting Cyber Surveillance Tools After ‘Carpenter’s’ Adjustment by Peter Crusco: In his Cyber Crime column, Peter Crusco discusses ‘Carpenter v. United States,’ describing the case as ‘probably the most important Fourth Amendment case involving new crime fighting cyber … Continue reading

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CA7: Pre-Carpenter CSLI was valid in good faith reliance on SCA (Davis not cited)

Defendant’s pre-Carpenter CSLI gathering was challenged under the theory that the SCA statute was unconstitutional. It was done in good faith reliance on the statute under Krull v. Illinois, and there would be no exclusion. (Davis good faith is not … Continue reading

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E.D.Va.: When the stop is based on RS of speeding, the unmarked car’s speedometer doesn’t have to be “calibrated”; when there are two bases for stop, attacking one isn’t good enough

Defendant argues that his stop wasn’t justified because the police officer paced him with the uncalibrated speedometer on his unmarked car. The question, though, is reasonable suspicion, and aside from speeding there was a window tinting violation. So, the stop … Continue reading

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N.D.Cal.: The question for a stop is potential danger, not “significant danger”

The government didn’t have to show that defendant posed a potential significant danger to officers; just a possible danger based on objective observations and knowledge. It satisfied that here even though the offense (flashing a weapon) happened earlier in the … Continue reading

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Just Security: Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case

Just Security: Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case by Elizabeth Goitein:

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Gizmodo: Woman Sues Border Agents to Make Them Return Data They Seized From Her Phone

Gizmodo: Woman Sues Border Agents to Make Them Return Data They Seized From Her Phone by Melanie Ehrenkranz:

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WaPo: FBI surveillance devices may interfere with 911 calls, U.S. senator says

WaPo: FBI surveillance devices may interfere with 911 calls, U.S. senator says by Aaron Gregg: In a letter to the Justice Department, Sen. Ron Wyden raised the concern that Stingray phone surveillance devices could “completely disrupt” cell services, citing conversations … Continue reading

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SF Chronicle: On the road to Burning Man, traffic stops and drug searches fuel backlash

SF Chronicle: On the road to Burning Man, traffic stops and drug searches fuel backlash by Peter Fimrite:

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NC: CI merely located defendant; officers already had PC, so no disclosure of CI’s identity

Officers merely used the CI to locate the defendant, not for the probable cause to search, so no reason to disclose the CI is shown. State v. Heard, 2018 N.C. App. LEXIS 828 (Aug. 24, 2018). The dash cam video … Continue reading

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E.D.Cal.: Inventory procedures not followed, and testimony suggested investigative motive, so suppressed

The inventory did not comply with CHP procedures, and it appears from the officer’s testimony at the suppression hearing that it really had an investigatory purpose. United States v. Verduzo-Verduzco, 2018 U.S. Dist. LEXIS 144696 (E.D. Cal. Aug. 24, 2018):

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LA4: Actual apartment number not needed in SW when it is clearly described

The actual apartment number on the search warrant isn’t required when defendant’s apartment is clearly described. (“2819 Carondelet Street, New Orleans, La., described as the middle first floor apartment of a raised two story wood frame structure with grey stucco … Continue reading

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S.D.Ga.: Payton‘s standard is “reason to believe” under a common sense approach and not PC

The Payton standard for determining whether a person is home for execution of an arrest warrant is “reason to believe” under a common sense approach and not a more demanding probable cause requirement. In addition, defendant’s actions showed he abandoned … Continue reading

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LA2: No IAC for not challenging search of house two months after murder

Defense counsel wasn’t ineffective for not moving to suppress a search of defendant’s home two months after a murder because it wasn’t meritorious [and the court never says why it wasn’t]. State v. Critton, 2018 La. App. LEXIS 1618 (La. … Continue reading

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CA11: Apparent consent for 5:30 am entry defeats “egregious” 4A violation for exclusion in immigration removal

Petitioner’s declaration did not make a prima facie case of an egregious violation of the Fourth Amendment to preclude evidence in his removal proceeding. The entry was at 5:30 am, but there was also evidence of consent to the entry. … Continue reading

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