Monthly Archives: April 2019

NYT: Would You Let the Police Search Your Phone?

NYT: Would You Let the Police Search Your Phone? by Roseanna Sommers & Vanessa K. Bohns: We are much more likely to give consent than we think.

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NYT: The Privacy Project

NYT: The Privacy Project:

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CNET: DHS gave border agents free rein over thousands of warrantless device searches

CNET: DHS gave border agents free rein over thousands of warrantless device searches by James Martin: Border agents conducted more than 33,000 device searches in 2018. Court records show they were allowed to share what they found with other government … Continue reading

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Just Security: Split Over Compelled Decryption Deepens With Massachusetts Case

Just Security: Split Over Compelled Decryption Deepens With Massachusetts Case by Michael Price and Zach Simonetti:

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D.Nev.: Def’s stop for jaywalking at an uncontrolled intersection didn’t justify his patdown for weapons

Defendant’s stop for jaywalking at an uncontrolled intersection didn’t justify his patdown for weapons. United States v. Jacobs, 2019 U.S. Dist. LEXIS 70241 (D. Nev. Apr. 25, 2019). Summary judgment for existence of probable cause in a § 1983 case … Continue reading

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D.Neb.: Consensual encounter still requires RS for frisk, which the officer had

“Applying these principles to the facts of this case, the Court finds Moreno’s encounter with the officers was consensual until Sergeant Meola, without Moreno’s consent, initiated a protective frisk by touching Moreno’s outer clothing and the bulge he saw under … Continue reading

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N.D.Cal.: Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a SW exceeded the scope of the warrant

Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a search warrant exceeded the scope of the warrant. United States v. Maffei, 2019 U.S. Dist. LEXIS 70314 (N.D. Cal. Apr. 26, … Continue reading

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W.D.Ky.: Drug dog immediately on the scene didn’t extend the stop

Because the drug dog got right there, the dog sniff didn’t extend the stop in violation of Rodriguez. United States v. Thorn, 2019 U.S. Dist. LEXIS 70781 (W.D. Ky. Apr. 26, 2019). Defendant argues that his case was like Rodriguez, … Continue reading

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ABCNews: Suit filed in case of 4 girls claiming school strip-search

ABCNews: Suit filed in case of 4 girls claiming school strip-search by AP:

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Cal.5: Probation search condition applies to BAC blood draw

Defendant was on probation for DWI. His warrantless probation search condition applied to determining his BAC level. People v. Cruz, 2019 Cal. App. LEXIS 384 (5th Dist. Apr. 25, 2019). This condition was imposed for another DWI. Why wouldn’t a … Continue reading

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E.D.Va.: Warrantless strip search in drug case unjustified and suppressed

The search of defendant’s car and cell phones were justified by probable cause and, as to the phones, a warrant. His warrantless strip search, however, was not properly justified from its inception, and it is suppressed. United States v. Peterson, … Continue reading

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NY4: Def’s statements during execution of SW where he wasn’t arrested weren’t custodial

“We reject defendant’s contention that County Court erred in refusing to suppress statements that he made to the police during the execution of a search warrant at his residence and thereafter at the police station. Defendant contends that he was … Continue reading

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N.D.Cal.: Strickland prejudice is subject to harmless error review

The state court post-conviction resolution of this case under § 2254 review was not unreasonable. Even if defense counsel had moved for suppression of evidence he’d stipulated to, the outcome wouldn’t have changed because of the overwhelming other evidence of … Continue reading

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CAAF: Military GFE satisfied here; three military lawyers also asked about PC

In applying the military good faith exception under M.R.E. 311(c)(3), the court finds the NMCCA properly applied the exception which, under rule, blends into probable cause. There clearly was a substantial basis for finding probable cause, and good faith was … Continue reading

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D.Colo.: MMJ facility subject to IRS summons for back taxes can’t show summons was unreasonable

Petitioner is a medical marijuana facility under investigation by the IRS for selling product in violation of state law and not paying the taxes on it. (This was for tax years pre-recreational sales.) The IRS showed that the summonses were … Continue reading

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NYT: Losing Our Fourth Amendment Data Protection

NYT: Losing Our Fourth Amendment Data Protection by Josephine Wolff: The courts have shielded information when we have a “reasonable expectation” it will stay private. What happens when we stop believing?

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