Daily Archives: September 21, 2018

Project on Government Oversight: A Day Without the Fourth Amendment

Project on Government Oversight: A Day Without the Fourth Amendment by Jake Laperruque: Accompany our hero on his journey through a fictional world without the Fourth Amendment.

Posted in Uncategorized | Comments Off on Project on Government Oversight: A Day Without the Fourth Amendment

CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

Posted in § 1983 / Bivens, E-mail, Qualified immunity, Subpoenas / Nat'l Security Letters | Comments Off on CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

The police had a defective search warrant to bring them to defendant’s house to search the car in the driveway. The Pennsylvania Supreme Court held the year before Collins v. Virginia that the automobile exception didn’t apply in one’s driveway, … Continue reading

Posted in Automobile exception, Curtilage, Standing | Comments Off on PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

DE applies Carpenter to January CSLI search; no action yet on state’s effort to get it again after motion to suppress

Defendant was the subject of a CSLI warrant in January 2018. After he filed a motion to suppress under Carpenter decided in June, the state sought the same information by a search warrant in August 2018. Carpenter applies here. The … Continue reading

Posted in Cell site location information, Inevitable discovery | Comments Off on DE applies Carpenter to January CSLI search; no action yet on state’s effort to get it again after motion to suppress

LA1: Not filing a motion and putting on proof on suppression issue gets it denied; but we’ll let you try it again

Making a constitutional argument about the implied consent law in opening statement and closing argument without a motion or briefing it is insufficient. Yet, remanded so he can do it again. [Not in most states; it would be denied and … Continue reading

Posted in Burden of pleading | Comments Off on LA1: Not filing a motion and putting on proof on suppression issue gets it denied; but we’ll let you try it again

FL: Use of Stringray to find def to arrest him was valid or valid under GFE

The use of a Stingray cell site simulator to find defendant to find him to arrest him didn’t violate the Fourth Amendment. Even if it did, the good faith exception makes it valid here. Andres v. State, 2018 Fla. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Stingray / Hailstorm | Comments Off on FL: Use of Stringray to find def to arrest him was valid or valid under GFE