Monthly Archives: February 2019

Crime Report: Drones and the Fourth Amendment: Do ‘Eyes in the Sky’ See Too Much?

Crime Report: Drones and the Fourth Amendment: Do ‘Eyes in the Sky’ See Too Much? by Lauren Sonnenberg:

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ACLU blog: The Government Cannot Force E-mail Companies to Copy and Save Your Account ‘Just in Case’

ACLU blog: The Government Cannot Force E-mail Companies to Copy and Save Your Account ‘Just in Case’ by Melodi Dincer & Kristin M. Mulvey:

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The Verge: Privacy advocate held at gunpoint after license plate reader mistake, lawsuit alleges

The Verge: Privacy advocate held at gunpoint after license plate reader mistake, lawsuit alleges by Colin Lecher:

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CA11: When information in a SW affidavit comes from an illegal source, it is purged; here, PC remains

Excising that which was allegedly illegally obtained from the affidavit for this search warrant, probable cause still remains. United States v. Fleur, 2019 U.S. App. LEXIS 4899 (11th Cir. Feb. 20, 2019). There was no independent probable cause for the … Continue reading

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Not too bright to use one’s military work computer to plan domestic terrorism

NYTimes: Coast Guard Officer Plotted to Kill Democrats and Journalists, Prosecutors Say:

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D.D.C.: SEC subpoena aiding Israel securities dept is overbroad and must be narrowed

Waymack is a doctor in the U.S. who also has business in Israel. Israel sought assistance from the SEC under an international MOU for a securities investigation there. Waymack has a Fifth Amendment privilege to not provide information in the … Continue reading

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N.D.Ga.: No nexus shown for Facebook SW, but GFE applied

The District Court disagrees with the USMJ that there was probable cause and nexus for a search warrant for defendant’s Facebook page. But, reasonable judges disagree, and that is enough for the court to conclude that the good faith exception … Continue reading

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W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway

A 14 month delay between seizure and search of defendant’s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn’t possess it. United States v. … Continue reading

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SCOTUS: The excessive fines clause of the 8A applies to the states via 14A as to in rem forfeitures

Timbs v. Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019). Syllabus:

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Reason.com: How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech

Reason.com: How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech by Elizabeth Nolan Brown: Sex, publishing, and quasi-legal theft collide in the Backpage prosecution. Prosecutors are ignoring the Constitution and legal precedent in their zeal to punish … Continue reading

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W.D.La.: USPS website usage records are third-party records, and def had no REP in them

The government had digital evidence that defendant tracked a package on the USPS. His motion to suppress this third-party evidence is denied. First, anybody could track a package on the USPS website if they had the tracking number, and, second, … Continue reading

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D.Neb.: Initial entry into hotel room was unlawful, but affidavit for SW showed PC before that happened, and SW not suppressed

Even though the officer’s entry into the hotel room was unlawful, the officer had probable cause before that. So, even ignoring the observations in the room, the warrant will not be suppressed. United States v. Sandoval, 2018 U.S. Dist. LEXIS … Continue reading

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