Daily Archives: July 24, 2019

Dallas Morning News: No shower for 23 days: U.S. citizen says conditions were so bad that he almost self-deported

Dallas Morning News: No shower for 23 days: U.S. citizen says conditions were so bad that he almost self-deported by Obed Manuel: Francisco Erwin Galicia, a Dallas-born U.S. citizen, spent 23 days in the custody of U.S. Customs and Border … Continue reading

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The Hill: Opinion: Don’t ban facial recognition

The Hill: Opinion: Don’t ban facial recognition by Amitai Etzioni:

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WaPo: A [SF] judge signed a warrant to search a journalist. But police didn’t tell her the whole story.

WaPo: A judge signed a warrant to search a journalist. But police didn’t tell her the whole story.

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NYT: Your Data Were ‘Anonymized’? These Scientists Can Still Identify You

NYT: Your Data Were ‘Anonymized’? These Scientists Can Still Identify You by Gina Kolata: Computer scientists have developed an algorithm that can pick out almost any American in databases supposedly stripped of personal information.

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NYT: New York City to Consider Banning Sale of Cellphone Location Data

NYT: New York City to Consider Banning Sale of Cellphone Location Data By Jeffery C. Mays: A bill would make it illegal for cellphone companies and mobile apps to share user location information collected in the city without a customer’s … Continue reading

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D.Ariz.: No issue preclusion from defense favorable state court search decision being appealed

Plaintiff does not get the benefit of issue preclusion based on a motion to suppress hearing where it was granted and still being appealed. Hamberlin v. Arizona, 2019 U.S. Dist. LEXIS 122475 (D. Ariz. July 23, 2019). Defendant’s claim that … Continue reading

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W.D.Va.: Def satisfies burden to get a Franks hearing by showing material omissions

Defendant satisfies his burden to get a Franks hearing by showing material omissions from the affidavit. United States v. Anderson, 2019 U.S. Dist. LEXIS 122131 (W.D. Va. July 23, 2019):

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MA: Def’s stop a mile away without really matching description wasn’t justified

There was no reasonable suspicion for defendant’s patdown away from the scene of the alleged crime. The state claims he looked like the guy, but there was also substantial evidence he wasn’t the guy by his dress. He was also … Continue reading

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CA10: While some might disagree with OCCA’s opinion on abandonment, it’s not “unreasonable” under AEDPA

This is a § 2254 habeas challenging via an IAC claim whether defense counsel properly litigated his motion to suppress over whether his backpack was abandoned. That was also resolved in the Oklahoma Court of Criminal Appeals. While people might … Continue reading

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CA4: Def counsel not ineffective for not filing CSLI motion before Carpenter

Defense counsel can’t be ineffective for not anticipating Carpenter by filing a CSLI motion before it was decided. United States v. Jackson, 2019 U.S. App. LEXIS 21716 (4th Cir. July 22, 2019). Defendant’s motion to prevent a search of his … Continue reading

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D.N.D.: The fact the state judge issuing the SW represented a potential witness named in the affidavit didn’t make him not “neutral and detached”

The search warrant issuing state judge was not a neutral and detached magistrate just because he previously represented a potential witness in the case whose name was in the affidavit. There certainly was probable cause. Besides, the good faith exception … Continue reading

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govtech: Motorola Solutions Buys Body Cam Maker, Consolidating Market

govtech: Motorola Solutions Buys Body Cam Maker, Consolidating Market: The buyout of WatchGuard brings Motorola Solutions into some of the largest police departments in the country, simultaneously creating a potential path for facial recognition to those departments.

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