Daily Archives: November 5, 2018

S.D.N.Y.: FISA application may be reviewed ex parte and in camera and still comply with due process; probable cause shown

A FISA application that led to a prosecution may be reviewed ex parte and in camera and remain under seal, and this complies with due process. “Here, having reviewed the FISC’s probable cause determinations while affording these findings the requisite … Continue reading

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S.D.N.Y.: Basic questions about def’s cell phone as a prelude to asking for consent to search it is an exception to Miranda

Basic questions about defendant’s cell phone as a prelude to asking for consent to search it is an exception to Miranda. United States v. Okparaeke, 2018 U.S. Dist. LEXIS 188191 (S.D. N.Y. Nov. 3, 2018):

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KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she’d been handcuffed and led away. The state’s argument that inevitable … Continue reading

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NH: Def who borrowed car not prejudiced by five day delay in getting SW for it

Because defendant didn’t own the car he borrowed, he wasn’t prejudiced by the five day delay in getting a search warrant for it. State v. Stacey, 2018 N.H. LEXIS 208 (Nov. 2, 2018). State law requires automobile exception apply to … Continue reading

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D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

Defendant’s use of IP addresses his computer signed in through isn’t enough like CSLI in Carpenter to require a search warrant. United States v. Monroe, 2018 U.S. Dist. LEXIS 186998 (D. R.I. Nov. 1, 2018):

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E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”

A probation search of a cell phone is permitted under a provision in the search condition for searching “personal effects.” United States v. Ard, 2018 U.S. Dist. LEXIS 187125 (E.D. La. Nov. 1, 2018). There’s no evidence that NCMEC’s search … Continue reading

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M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

Asking that a lawyer get to look at a search warrant with an electronic signature for validity is not a refusal to consent under Georgia v. Randolph. United States v. Sanchez, 2018 U.S. Dist. LEXIS 187115 (M.D. Fla. Nov. 1, … Continue reading

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N.D.Ohio: Thermal imaging SW was based on probable cause because CI corroborated

“The Chardon Municipal Court Judge had a substantial basis for concluding that probable cause existed in issuing the warrant for a thermal image search of 7071 Ledge. The Government must obtain a search warrant before use of thermal imaging equipment … Continue reading

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The Recorder/Law.com: NITs to Pick: An EFF Attorney Riffs on a Recent Ninth Circuit Malware Decision

The Recorder/Law.com: NITs to Pick: An EFF Attorney Riffs on a Recent Ninth Circuit Malware Decision by Ian Lopez: The Electronic Frontier Foundation’s Andrew Crocker says that a controversial warrant employed in an FBI child pornography sting also recently waived … Continue reading

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