Monthly Archives: December 2018

Lawfare: Fourth Amendment Reasonableness After Carpenter v. United States

Lawfare: Fourth Amendment Reasonableness After Carpenter v. United States by Alan Z. Rozenshtein.

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OH9: No 4A right that RS is needed to run a license plate number

There is no Fourth Amendment right for the officer to have reasonable suspicion to run one’s license plate because there is no reasonable expectation of privacy in it. State v. Moore, 2018-Ohio-5223, 2018 Ohio App. LEXIS 5527 (9th Dist. Dec. … Continue reading

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E.D.Ky.: The affidavit for a search warrant does not need to allege a specific statute was violated

The affidavit for a search warrant does not need to allege a specific statute was violated as long as the issuing magistrate can conclude that a criminal offense likely occurred. The facts alleged determine the scope of search. United States … Continue reading

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D.Minn.: The use of electronic devices in a fraud case essentially establishes nexus to def’s home

Nexus to the home in a fraud case was shown. “The affidavit averred that: the unauthorized accesses at the Postal Service were linked to a Dell computer bought on eBay by a user whose recovery email and phone number matched … Continue reading

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NYTimes: When the Police Become Prosecutors

NYTimes: When the Police Become Prosecutors by Alexandra Natapoff Officers quietly wield a lot of unchecked prosecutorial power.

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W.D.N.Y.: Alleged state procedural errors in issuing SW is irrelevant under 4A in federal court

“As a threshold matter, defendant Nelson’s objection that the search warrant was per se invalid because no verbatim record of the informant’s testimony as required by N.Y.C.P.L. § 690.36 was preserved is mistaken. Whether the search warrant for the defendant’s … Continue reading

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MN: Independent source doctrine obviated need to decide private search

Defendant appeals his sexual assault conviction. His victim came to his house to bum a cigarette, and she stayed to drink with defendant and his girlfriend. She fell asleep and awoke in the morning, fully clothed, with defendant’s girlfriend yelling … Continue reading

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CA2: Anonymous 911 call of man waving a gun satisfied Navarette

This anonymous 911 call of a menacing man with a weapon was reliable enough for a stop. The caller stayed on the phone after asking it not be recorded but told all 911 calls are, there was detail about the … Continue reading

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TN: Implied consent law doesn’t violate right to a warrant under religious liberty

Defendant’s sovereign citizen claim the state DUI implied consent violated his religious liberty without a warrant and right to travel is rejected. How does religion figure into it? State v. Simmons, 2018 Tenn. App. LEXIS 755 (Dec. 21, 2018).* Sovereign … Continue reading

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The Hill: Are the Chinese and Russians listening to your phone calls?

The Hill: Are the Chinese and Russians listening to your phone calls? by Julian Gehman with cell site simulators? I’m not worried about them listening to mine because I only bitch about Russians and I’m 1,000 miles away, but too … Continue reading

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CA3: Municipal officers may execute federal PV warrants

Defendant was ID’d as a likely suspect in a bank robbery, and a federal probation violation warrant was issued. Municipal officers may execute federal probation violation warrants. “See, e.g., United States v. Polito, 583 F.2d 48, 51 (2d Cir. 1978); … Continue reading

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NY3: When trial court sustains search on two grounds, both have to be challenged on appeal or no error

Defendant challenged the search of his BAC which was obtained by consent and a search warrant. Challenging only the search warrant doesn’t matter because consent remains. People v. Guzy, 2018 NY Slip Op 08714, 2018 N.Y. App. Div. LEXIS 8665 … Continue reading

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