Daily Archives: January 6, 2019

VT: No sovereign immunity for flagrant search and seizure violations; implied right of action under state constitution

“¶ 84. In sum, we conclude that a direct private right of action for damages based on alleged flagrant violations of Article 11 is available against the State. The common law doctrine of sovereign immunity does not preclude such an … Continue reading

Posted in § 1983 / Bivens, Racial profiling | Comments Off on VT: No sovereign immunity for flagrant search and seizure violations; implied right of action under state constitution

TN: 2012 cell phone search had to be evaluated by law at that time on PCR

Defendant’s post-conviction claim on the 2012 search of his cell phone fails because it wouldn’t have been granted back then. Blunkall v. State, 2019 Tenn. Crim. App. LEXIS 11 (Jan. 4, 2019).* The CI’s information was significantly corroborated by observations … Continue reading

Posted in Cell phones, Good faith exception, Informant hearsay | Comments Off on TN: 2012 cell phone search had to be evaluated by law at that time on PCR

W.D.N.C.: Defendant has standing in rental car under Byrd but loses under GFE under binding circuit law

On remand from the Fourth Circuit, the court determines that Byrd applies and defendant had a reasonable expectation of privacy in the car he rented. As for the good faith exception, the court finds that it is bound by circuit … Continue reading

Posted in Good faith exception, Informant hearsay | Comments Off on W.D.N.C.: Defendant has standing in rental car under Byrd but loses under GFE under binding circuit law

WaPo: Our privacy regime is broken. Congress needs to create new norms for a digital age.

WaPo: Our privacy regime is broken. Congress needs to create new norms for a digital age.

Posted in Informational privacy, Surveillance technology | Comments Off on WaPo: Our privacy regime is broken. Congress needs to create new norms for a digital age.