Monthly Archives: July 2019

D.Nev.: Under probation interstate compact, probationer subject to rules of both states

Defendant was placed on probation in Arizona, and he was subject to suspicionless searches there. He transferred probation to Nevada under the Interstate Compact for probationers, but Nevada required reasonable suspicion. He knew he was subject to the probation conditions … Continue reading

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CA1: Police chief’s order to officer to turn over cellphone and home phone records not a constitutional violation under third-party doctrine; chief gets qualified immunity

Plaintiff is a police officer, and the chief ordered production of his cell phone and home phone records in an internal investigation. The chief gets qualified immunity because of the third party doctrine. Those records were obtainable by subpoena from … Continue reading

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S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter

The government had a search warrant of ESI for drugs. When the search warrant was executed, they found evidence of healthcare billing fraud. A second search warrant was required, citing the government’s own search manual [noted and linked on the … Continue reading

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Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment

Fix Congress First: Federal Government Seizure of President Trump’s New York State Individual Tax Returns is Most Likely a Violation of the Fourth Amendment by Don Suarez, arguing that Carpenter applies: “We hold only that a warrant is required in … Continue reading

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Legal Intelligencer: Commentary: Coming Face-to-Face With Facial Recognition Technology

Legal Intelligencer: Commentary: Coming Face-to-Face With Facial Recognition Technology by Jeffrey N. Rosenthal and Huaou Yan: Facial technology identifies an image of a face by breaking down the depicted face into several characteristics (e.g., the relative position, shape, contours and … Continue reading

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OH2: 911 caller whose number is recorded isn’t really anonymous

911 caller whose number was recorded wasn’t truly anonymous, and the information was detailed and first hand. Even if anonymous, it was still reliable enough. State v. Gregory, 2019-Ohio-3000, 2019 Ohio App. LEXIS 3093 (2d Dist. July 26, 2019):

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OH2: Def’s case was pending when Carpenter decided, so he gets benefit of it, but there was exigency for ping

Defendant was arrested in 2016 for a murder. He raised a CSLI issue, and he was tried after Carpenter was decided. He gets the benefit of Carpenter because his case was still pending when it came down. Nevertheless, there was … Continue reading

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WaPo: A police department is handing out coupons, not tickets, to people who follow the law. Not everyone is thrilled.

WaPo: A police department is handing out coupons, not tickets, to people who follow the law. Not everyone is thrilled. By Antonia Noori Farzan:

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WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know.

WaPo:Analysis: The Trump administration wants to be able to break into your encrypted data. Here’s what you need to know. By Tim Maurer and Garrett Hinck: And so do governments around the world.

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IL: Chicago PD’s “investigative alert” arrest is without judicially approved PC and unconstitutional

“Cordell Bass was arrested solely on the authority of what the Chicago Police Department calls an ‘investigative alert.’ Department regulations allow officers to arrest people on the basis of an alert where there is probable cause to believe the suspect … Continue reading

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D.Nev.: The fact def’s FIPF prior had a suspended sentence wasn’t material for Franks

A state telephonic search warrant was issued based on allegations that defendant was a felon in possession of a firearm. The fact he got a suspended sentence and it was omitted from the application for the warrant isn’t material. United … Continue reading

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W.D.Ark.: The “traffic stop” was actually a PC stop for drugs

This was not even a traffic stop, although it appeared one to the defendant. Actually, it was based on a CI’s information involving drugs and was with probable cause, so the extension of the stop with reasonable suspicion didn’t even … Continue reading

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