Daily Archives: April 10, 2019

D.S.C.: Tracking cookies cannot be compared to CSLI under Carpenter

Tracking cookies have a commercial purpose, and they cannot remotely be compared to CSLI under Carpenter. There is no reasonable expectation of privacy tracking cookies won’t be used by websites. Motion to dismiss granted. Johnson v. Google, 2019 U.S. Dist. … Continue reading

Posted in Computer searches, Surveillance technology | Comments Off on D.S.C.: Tracking cookies cannot be compared to CSLI under Carpenter

ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding

ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding by Howard M. Wasserman: McDonough v. Smith, to be argued on April 17, offers the Supreme Court another opportunity to clarify when civil-rights … Continue reading

Posted in § 1983 / Bivens, Seizure | Comments Off on ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding

M.D.Pa.: Officers found the premises had two apartments and they searched the right one

When officers executed the search warrant they discovered there were multiple residences in the building. In defendant’s part of the building, they saw his mail and were confident that they were searching the right place. “Given these facts, the Court … Continue reading

Posted in Particularity, Warrant execution | Comments Off on M.D.Pa.: Officers found the premises had two apartments and they searched the right one

E.D.Mich.: Knock-and-talk was so authoritative, opening door was a detention

“Based on the loud and persistent knocking of two to three minutes, occurring twice during the span of fifteen minutes, the use of an authoritative tone of voice when the officers announced their presence, and the significant police presence at … Continue reading

Posted in Knock and talk | Comments Off on E.D.Mich.: Knock-and-talk was so authoritative, opening door was a detention

E.D.Ky.: Yes, there were flaws in the warrant application, but it still showed PC on the totality

The search warrant permitted a search of things on the curtilage like a camper, vehicles, shed, and a garage all in close proximity to the house. The affidavit has its flaws, but it’s good enough on the totality to show … Continue reading

Posted in Probable cause | Comments Off on E.D.Ky.: Yes, there were flaws in the warrant application, but it still showed PC on the totality

IL discusses “dropsy” and resolves it as a credibility question

Illinois discusses the issue of “dropsy,” but ends up resolving it as a credibility question. People v. Campbell, 2019 IL App (1st) 161640, 2019 Ill. App. LEXIS 234 (Apr. 9, 2019):

Posted in Abandonment | Comments Off on IL discusses “dropsy” and resolves it as a credibility question