Daily Archives: March 22, 2019

EFF: To Search Through Millions of License Plates, Police Should Get a Warrant

EFF: To Search Through Millions of License Plates, Police Should Get a Warrant by Andrew Crocker:

Posted in Reasonable expectation of privacy, Surveillance technology | Comments Off on EFF: To Search Through Millions of License Plates, Police Should Get a Warrant

Reason: Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours

Reason: Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours by Joe Setyon:

Posted in Border search, Immigration arrests | Comments Off on Reason: Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours

TX: Warrantless seizure of blood drawn at hospital for diagnostic purposes unreasonable

The trial court properly granted defendant’s motion to suppress challenging the State’s seizure and search of vials of his blood drawn at a hospital for medical purposes. The government’s testing constituted a warrantless search of his blood sample in violation … Continue reading

Posted in Drug or alcohol testing, Probable cause | Comments Off on TX: Warrantless seizure of blood drawn at hospital for diagnostic purposes unreasonable

Lexology: When monitoring employees’ computer activity, don’t overreach

Lexology: When monitoring employees’ computer activity, don’t overreach by Robin Shea:

Posted in Private search | Comments Off on Lexology: When monitoring employees’ computer activity, don’t overreach

CA9: Exclusionary rule applies to tribal officers

The exclusionary rule applies to tribal officers conducting illegal searches or searches off their tribal lands under the Indian Civil Rights Act or the Fourth Amendment. United States v. Cooley, 2019 U.S. App. LEXIS 8344 (9th Cir. Mar. 21, 2019). … Continue reading

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E.D.Tenn.: Def should have discovered his 4A claim with exercise of due diligence years earlier; 2255 denied

2255 petitioner sought to extend the statute of limitations for what he alleges is a late discovered search and seizure claim with merit. The court finds that he would have discovered the claim years early with the exercise of due … Continue reading

Posted in Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on E.D.Tenn.: Def should have discovered his 4A claim with exercise of due diligence years earlier; 2255 denied

D.Nev.: The fact the officers claimed to smell marijuana but didn’t find any doesn’t mean they were lying

It was testified that the car smelled like burnt marijuana. The fact none was found doesn’t indicate that officers were lying. United States v. Davila, 2019 U.S. Dist. LEXIS 42805 (D. Nev. Jan. 31, 2019),* adopted, 2019 U.S. Dist. LEXIS … Continue reading

Posted in Anticipatory warrant, Franks doctrine, Plain view, feel, smell | Comments Off on D.Nev.: The fact the officers claimed to smell marijuana but didn’t find any doesn’t mean they were lying

CA7: SW not required by Riley and Carpenter for cell phone and computer searches at border

The Seventh Circuit finds that the border search exception was not affected by Riley and Carpenter such that a search warrant is required for search of electronics at the border. United States v. Wanjiku, 2019 U.S. App. LEXIS 8154 (7th … Continue reading

Posted in Border search, Cell phones, Franks doctrine | Comments Off on CA7: SW not required by Riley and Carpenter for cell phone and computer searches at border

D.Mont.: After removing tainted information from the SW affidavit, it’s the job of reviewing court to independently evaluate the PC

When removing tainted evidence from the affidavit for the search warrant and retesting it, the issuing judge is not to be a witness. It’s the court’s duty to reevaluate the application for the search warrant on its own. United States … Continue reading

Posted in Attenuation, Suppression hearings | Comments Off on D.Mont.: After removing tainted information from the SW affidavit, it’s the job of reviewing court to independently evaluate the PC