Daily Archives: October 3, 2018

Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino

Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino by Valarie Kipnis:

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CA11: Not calling def at suppression hearing was [a founded] strategy decision

Defense counsel’s decision not to call the defendant or other witnesses at a suppression hearing was a strategy decision not subject to second guessing except in extraordinary circumstances. Defense counsel concluded they lacked credibility. Here, defendant testified at trial to … Continue reading

Posted in Ineffective assistance, Standing | Comments Off on CA11: Not calling def at suppression hearing was [a founded] strategy decision

OH8: State had to argue plain view to trial court to argue it on appeal

The state’s plain view argument wasn’t pressed in the trial court, so it can’t be a basis for appeal. Even on the merits, the state loses because the stop was invalid, and the detention unreasonable all before the alleged plain … Continue reading

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CA5: IP information “falls comfortably within the scope of the third-party doctrine” after Carpenter; no comparison to CSLI

Whatever the status of the third-party doctrine after Carpenter, nothing would change as to subpoenaing IP address information in a child pornography case. “The information at issue here falls comfortably within the scope of the third-party doctrine.” United States v. … Continue reading

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AZ: Exclusion not a remedy for violation of implied consent law

Exclusion of evidence for violation of the implied consent statute is not provided for by the statute nor required by the constitution. Soza v. Marner, 2018 Ariz. App. LEXIS 157 (Oct. 2, 2018):

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Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did

Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did by Cyrus Farivar: Child-porn case in Ohio reveals how some law enforcement are trying to thwart Face ID.

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Above the Law: Colonists Had More Protections From Unreasonable Government Searches Than We Do Now

Above the Law: Colonists Had More Protections From Unreasonable Government Searches Than We Do Now by Tyler Broker Blame the modern drug war and its erosion of Fourth Amendment guarantees.

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