Daily Archives: July 23, 2019

NYT: An American Citizen Is Released From Immigration Custody After Nearly a Month

NYT: An American Citizen Is Released From Immigration Custody After Nearly a Month by Manny Fernandez

Posted in Immigration arrests, Immigration checkpoints | Comments Off on NYT: An American Citizen Is Released From Immigration Custody After Nearly a Month

NYT: Barr Revives Encryption Debate, Calling on Tech Firms to Allow for Law Enforcement

NYT: Barr Revives Encryption Debate, Calling on Tech Firms to Allow for Law Enforcement by Katie Benner: The attorney general, reopening the conversation on security vs. privacy, said that encryption and other measures effectively turned devices into “law-free zones.”

Posted in Surveillance technology | Comments Off on NYT: Barr Revives Encryption Debate, Calling on Tech Firms to Allow for Law Enforcement

D.Ariz.: Affidavit of another didn’t show offer of proof for standing

The declaration used to attempt to show defendant’s guest standing doesn’t tie defendant’s relationship to the property to the time of the search. Moreover, on the day in question, his truck was parked along a fence far enough from the … Continue reading

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E.D.Mich.: Ptf’s guilty plea was collateral estoppel to his § 1983 search claim

Plaintiff’s civil search claim was barred by collateral estoppel by his guilty plea that there was sufficient evidence to convict. The officer gets qualified immunity for relying on a search warrant. Dabish v. McMahon, 2019 U.S. Dist. LEXIS 121399 (E.D. … Continue reading

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M.D.Fla.: When the automobile exception applies and def is in custody, a SW still isn’t required

There was probable cause by a plain view so the automobile exception applies. The fact defendant as in custody doesn’t require a search warrant. United States v. Lightsey, 2019 U.S. Dist. LEXIS 121669 (M.D. Fla. July 3, 2019). There was … Continue reading

Posted in Automobile exception, Prison and jail searches, Probable cause | Comments Off on M.D.Fla.: When the automobile exception applies and def is in custody, a SW still isn’t required

OR: “related to controlled substances offenses” in a cell phone SW was not particular

The cell phone search warrant was not sufficiently particular under the state constitution because there were no practical limits in the phrase “related to controlled substances offenses.” State v. Savath, 298 Ore. App. 495 (July 17, 2019):

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