Daily Archives: August 19, 2018

SC: Refusal to sign a second consent form wasn’t withdrawal of the first consent

Defendant signed a consent to search form and a search occurred. Later, the police asked him to execute it again so they could look for firearms, but he refused. They searched anyway. The first consent included the firearms, and refusal … Continue reading

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LA2: CSLI obtained by SW before Carpenter: Observation

Court notes in passing in a final footnote that the CSLI here was obtained by warrant before Carpenter and it’s not an issue. State v. Lynn, 2018 La. App. LEXIS 1567 (La. App. 2 Cir. Aug. 15, 2018). Note: It’s … Continue reading

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LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail

LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail by Hannah Fry:

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WaPo: ICE arrested a wanted man driving his pregnant wife to give birth. She drove herself to the hospital.

WaPo: ICE arrested a wanted man driving his pregnant wife to give birth. She drove herself to the hospital. by Alex Horton: ICE said the man, a Mexican national living illegally in the United States, is wanted in his home … Continue reading

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CA4: Ptf’s 1983 claim a Stingray was used on him survives Heck bar

Plaintiff’s claim that he was the subject of unlawful surveillance with a Stingray survives a Heck challenge and can proceed. Marcantoni v. Bealefeld, 2018 U.S. App. LEXIS 22798 (4th Cir. Aug. 16, 2018):

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M.D.Ala.: Unmarked pill bottle with apparent crack in it was in plain view during protective sweep after arrest in house

Officers came in defendant’s house with an arrest warrant for cocaine delivery. During a protective sweep, an unmarked pill bottle was seen and picked up. It was immediately apparent to the officers that the contents was likely crack cocaine and … Continue reading

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CA11: Plea to indictment without plea agreement isn’t conditional plea

Defendant’s plea to the indictment without a plea agreement didn’t preserve any appeal issues. Thus, there was no conditional plea. United States v. Thomas, 2018 U.S. App. LEXIS 22594 (11th Cir. Aug. 15, 2018). The Immigration Judge found that the … Continue reading

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CA5: SW was not for all business records, just types of employment records and it was particular enough

Defendant was convicted of encouraging illegal aliens to remain in the United States. A search warrant for his business sought types of employment records, and it was not overly broad. “[G]eneric language is permissible if it particularizes the types of … Continue reading

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MN: Apt building common hallway not curtilage under Jardines for dog sniff

Dog sniff in the common hallway of an apartment building wasn’t unreasonable because it’s not curtilage under Jardines. State v. Edstrom, 2018 Minn. LEXIS 446 (Aug. 15, 2018). There was nexus: “Here, the investigating officer had significant experience. The officer … Continue reading

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D.Kan.: Arrest for possession of cash wasn’t even reasonably valid under state law; exclusionary rule applies in federal court

Defendant was stopped, and the officer gave a warning. He continued asking questions which led to a consent search finding cash. The officer then arrested defendants for possession of the proceeds of a drug transaction. Only there were no probable … Continue reading

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TX1: Pill bottle in pocket wasn’t presumed to contain contraband; plain feel not valid

Defendant admits that he was validly stopped and patted down. The only question is whether the pill bottle removed from his pocket was subject to plain feel, and the court concludes it was not. It was obviously not a weapon, … Continue reading

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WaPo: Google refused an order to release huge amounts of data. Will other companies bow under pressure? [Govt seeking tracking information from phone apps]

WaPo: Google refused an order to release huge amounts of data. Will other companies bow under pressure? by Deanna Paul:

Posted in Computer searches, Surveillance technology | Comments Off on WaPo: Google refused an order to release huge amounts of data. Will other companies bow under pressure? [Govt seeking tracking information from phone apps]