Daily Archives: December 10, 2018

New Law Review Article: Cross-Enforcement of the Fourth Amendment by Orin Kerr

Cross-Enforcement of the Fourth Amendment, 132 Harv. L. Rev. 471 (2018), by Orin Kerr. Abstract:

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WI: Body camera video showed def just went along with directions and didn’t consent; if there was consent, it was revoked

The body camera video showed neither exigency nor consent for the entry into defendant’s apartment. Silently going along with the officer’s several directives, not requests, didn’t show that defendant consented. Even if defendant had consented, the attempt to close the … Continue reading

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CA7: Cell phone SW that permitted viewing all files of phone was not too “general”

A search warrant for the entire contents of a cell phone was particular and not a general warrant considering that the warrant sought evidence of “criminal recklessness with a deadly weapon” or related to drug dealing. United States v. Bishop, … Continue reading

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National Law Review: With Wide-Spread Legalization of Marijuana, Has A Public Employer’s Ability to Test for Marijuana Gone up In Smoke?

National Law Review: With Wide-Spread Legalization of Marijuana, Has A Public Employer’s Ability to Test for Marijuana Gone up In Smoke? by Ryan P. Heiden:

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KS: Even with roadside Miranda violation, PC still exists under the 4A without the statement

Defendant’s statement at the side of the road was taken in violation of Miranda and should have been suppressed. This does not affect, however, the Fourth Amendment analysis of whether there was probable cause because there was without the statement. … Continue reading

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KS: Def was already stopped when police approached; he got out of car and locked it and was arrested; no possessory interest involved when a drug dog sniffed his locked parked car

Defendant was stopped on a grocery store parking lot, got out of the car, and locked it. He was searched incident to arrest. A little later a drug dog came and stiffed the car. Defendant was deprived of no possessory … Continue reading

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D.Minn.: Def succeeds in his Franks offer of proof; PC doubtful

Defendant succeeds in his Franks offer of proof. The omitted information undermines probable cause, and a hearing will be held. United States v. Reed, 2018 U.S. Dist. LEXIS 206986 (D. Minn. Dec. 7, 2018):

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NYTimes: Your Apps Know Where You Were Last Night, and They’re Not Keeping It Secret

NYTimes: Your Apps Know Where You Were Last Night, and They’re Not Keeping It Secret by Jennifer Valentino-DeVries, Natasha Singer, Michael H. Keller and Aaron Krolik: Dozens of companies use smartphone locations to help advertisers and even hedge funds. They … Continue reading

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