Monthly Archives: November 2018

PA: Protective sweep justified by sounds of multiple people inside and delay in answering door

The sound of multiple people inside a house before anybody came to the door then seeing armor piercing ammunition inside the door justified a protective sweep. Commonwealth v. Hall, 2018 PA Super 319, 2018 Pa. Super. LEXIS 1266 (Nov. 28, … Continue reading

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wired: Deputy AG Rod Rosenstein Is Still Calling for an Encryption Backdoor

wired: Deputy AG Rod Rosenstein Is Still Calling for an Encryption Backdoor by Lily Hay Newman: TENSION HAS EXISTED for decades between law enforcement and privacy advocates over data encryption. The United States government has consistently lobbied for the creation … Continue reading

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CA9: SW for stolen property in def’s house wasn’t stale despite it being a month

Defendant’s thumb print on a beer can found in a burglarized house was a reasonable inference he was involved. The search warrant for his house for stolen property wasn’t stale because it was reasonable to believe he would still be … Continue reading

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W.D.Tenn.: Anonymous crimestoppers report was uncorroborated and did not provide probable cause

An anonymous crimestoppers report was uncorroborated and did not provide probable cause for a search. United States v. Allgood, 2018 U.S. Dist. LEXIS 200729 (W.D. Tenn. Nov. 28, 2018):

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TX4: Visitor’s property searched during SW for premises is governed by possession test: was the person in actual possession at the time?

Texas follows the possession test for searches of personal belongings of visitors found during a search of premises. Thus, defendant’s purse was not in her actual personal possession at the time of the entry and searches, so it was not … Continue reading

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M.D.Pa.: Consent to “look around the home” is broad consent

Consent to “look around the home” is broad consent. “Here, Special Agent Kovach asked Defendant if he minded if the ATF agents looked around the Home, to which Defendant replied, ‘No.’ … Special Agent Kovach’s search request was broad, and … Continue reading

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OH5: A mandated CP reporter isn’t a state actor

The fact AOL is a mandated reporter of child pornography that it discovers does not make AOL a state actor in its discovery of child pornography. Thus, AOL’s search of the email was a private search. Then there was a … Continue reading

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Human Rights Watch: =Dark Side: Secret Origins of Evidence in US Criminal Cases

Human Rights Watch: Dark Side: Secret Origins of Evidence in US Criminal Cases

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upturn.org: The Illusion of Accuracy / How Body-Worn Camera Footage Can Distort Evidence

upturn.org: The Illusion of Accuracy / How Body-Worn Camera Footage Can Distort Evidence (Nov. 2017)

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DE: Lack of temporal limitation in data search only results in suppression of the excess, not all

The search warrant for information was based on probable cause, but it lacked a temporal limitation. That, however, doesn’t lead to suppression of the whole; just suppression of that which was obtained that predates the probable cause. State v. Anderson, … Continue reading

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Above the Law: Alexa On The Witness Stand Is Going To Be Killer For Privacy

Above the Law: Alexa On The Witness Stand Is Going To Be Killer For Privacy by Elie Mystal:

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E.D.N.Y.: Partially redacted aff for SW admissible to show consciousness of guilt

The government gets to use the affidavit for search warrant but partially redacted to show defendant’s consciousness of guilt. United States v. Zhong, 2018 U.S. Dist. LEXIS 199848 (E.D. N.Y. Nov. 26, 2018). A firearm found in a search of … Continue reading

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