Daily Archives: December 25, 2018

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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Tech Advocate: Can Schools Search Students’ Personal Devices

Tech Advocate: Can Schools Search Students’ Personal Devices by Matthew Lynch:

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CA3: Legality of arrest on an ICE warrant for overstaying visa irrelevant to removal

“Matos first argues that local law enforcement violated his Fourth and Fourteenth Amendment rights to be free from unreasonable seizures by arresting him pursuant to the purported ICE warrant. Matos protests that he never waived this right when he entered … Continue reading

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