Daily Archives: May 24, 2019

Detroit Deadline: Police Use of Facial ID Video Systems in Detroit and Elsewhere Worries US House Members

Detroit Deadline: Police Use of Facial ID Video Systems in Detroit and Elsewhere Worries US House Members:

Posted in Surveillance technology | Comments Off on Detroit Deadline: Police Use of Facial ID Video Systems in Detroit and Elsewhere Worries US House Members

N-M Ct.Crim.App.: Lack of CO’s actual authority to issue search authorization fatal to search; no GFE

The Court Martial judge erred in concluding that a particular major had authority to authorize searches of appellant’s body, office, and personal property because she was not a “commander” for the purposes of Mil. R. Evid. 315 even though her … Continue reading

Posted in Good faith exception, Military searches | Comments Off on N-M Ct.Crim.App.: Lack of CO’s actual authority to issue search authorization fatal to search; no GFE

GA: Giving computer password out gives recipient apparent authority to consent

Giving one’s wife the password to the computer showed that she had apparent authority to consent to its search. Massey v. State, 2019 Ga. App. LEXIS 267 (May 21, 2019). Defense counsel wasn’t ineffective for not pursuing a motion to … Continue reading

Posted in Apparent authority, Computer searches, Ineffective assistance | Comments Off on GA: Giving computer password out gives recipient apparent authority to consent

CA11: Petr’s successor habeas claim for new evidence of a 4A violation doesn’t show actual innocence

“Petroff asserts that each of his claims rely on ‘the same newly discovered evidence.’ However, Petroff does not appear to actually describe what the new evidence he has obtained is at any point. Moreover, Petroff’s central argument appears to be … Continue reading

Posted in Uncategorized | Comments Off on CA11: Petr’s successor habeas claim for new evidence of a 4A violation doesn’t show actual innocence

OH11: Pre-Carpenter CSLI was lawfully obtained in good faith

Defendant’s cell tower location information was obtained by subpoena before Carpenter. The good faith exception means it won’t be excluded. State v. Burke, 2019-Ohio-1951, 2019 Ohio App. LEXIS 2021 (11th Dist. May 20, 2019). Defense counsel wasn’t ineffective for withdrawing … Continue reading

Posted in Cell site location information, Consent, Ineffective assistance | Comments Off on OH11: Pre-Carpenter CSLI was lawfully obtained in good faith