Monthly Archives: January 2019

NYT: iPhone FaceTime Bug That Allows Spying Was Flagged to Apple Over a Week Ago

NYT: iPhone FaceTime Bug That Allows Spying Was Flagged to Apple Over a Week Ago by Nicole Perlroth: SAN FRANCISCO — On Jan. 19, Grant Thompson, a 14-year-old in Arizona, made an unexpected discovery: Using FaceTime, Apple’s video chatting software, … Continue reading

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CA7: Exclusionary rule does not apply to revocation of federal supervised release

The exclusionary rule does not apply to revocation of federal supervised release, applying Pennsylvania Board of Probation and Parole v. Scott, 524 U.S. 357 (1998). United States v. Phillips, 2019 U.S. App. LEXIS 2799 (7th Cir. Jan. 28, 2019). CSLI … Continue reading

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E.D.Ky.: Disagreement with some of the facts of the alleged PC doesn’t undermine it; it might be relevant at trial

Defendant’s disagreement with some of the facts that led to his arrest didn’t undermine the probable cause and search incident. They may be relevant at trial, but probable cause still exists. United States v. Hawkins, 2019 U.S. Dist. LEXIS 12033 … Continue reading

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OR: In a DUII stop, a request for consent to search is not reasonably related to the basis for the stop; it unreasonably extended it

In a DUII stop, a request for consent to search is not reasonably related to the basis for the stop and it unreasonably extended it. State v. Rondeau, 295 Or. App. 769, 2019 Ore. App. LEXIS 123 (Jan. 24, 2019). … Continue reading

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CA2: Where PC was a close question, the court instead decides GFE applies

“The existence of probable cause in this case presents a close question. We need not decide the issue, however, because we conclude that, even assuming probable cause was lacking, the good faith exception applies.” The government was forthright in disclosing … Continue reading

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W.D.Ky.: Cell phone pings before controlled buys provided nexus to search house

Defendant’s going directly home after several controlled buys as shown by cell phone pings was sufficient to show nexus to his home for a search warrant for drugs. “Probable cause exists in this case because of the continual and ongoing … Continue reading

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IN: Exigency permitted real time pinging of def’s cell phone

(1) There were exigent circumstances for pinging defendant’s cell phone based on exigent circumstances as recognized by state statute, and this is implicitly recognized by Carpenter. (2) Failure to file the search warrant papers within 72 hours as required by … Continue reading

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E.D.Mo.: Def has no standing to challenge SW for another person’s Facebook account

Defendant was charged with drug dealing and the overdose death of A.C. He has no standing to challenge the search warrant for A.C.’s Facebook account. United States v. Brewer, 2018 U.S. Dist. LEXIS 220055 (E.D. Mo. Dec. 18, 2018). Despite … Continue reading

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M.D.Ala.: Def’s 2255 alternative SITA argument wouldn’t succeed; search issue litigated at first as protective sweep

One ground of defendant’s 2255 was that defense counsel didn’t pursue his motion to suppress in the district court as a search incident. It was litigated as a protective sweep, defendant lost, and it was affirmed on appeal. His search … Continue reading

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OH6: Home surveillance DVR not within “computer hardware and software” in home SW

A home surveillance DVR was not reasonably included within the search warrant for drug transction records or “computer [or] related computer hardware and software.” State v. Williamson, 2019-Ohio-241, 2019 Ohio App. LEXIS 245 (6th Dist. Jan. 25, 2019) [*P23] Here, … Continue reading

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IN: Long term missing person report and house in disarray justified emergency entry

A missing person report which included no birthday call for the only time in the person’s life with a house in disarray here justified a warrantless entry into the house to see what was going on. The entry was valid … Continue reading

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Minor discrepancies and lack of contemporaneous notes of surveillance didn’t make these observations not credible to fact finder

Some discrepancies in the testimony of two officers about defendant’s consent doesn’t make them unbelievable. It’s the province of the fact finder, here the USMJ, to make that determination and consent was found by a preponderance of the evidence. United … Continue reading

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