Daily Archives: August 21, 2019

Bloomberg Law: Location Data Privacy Protection Expanding in Judges’ Hands

Bloomberg Law: Location Data Privacy Protection Expanding in Judges’ Hands by Daniel R. Stoller: Courts have been expanding privacy protections for law enforcement access to real-time cell tower data, a trend attorneys say eventually could include other location-based information. . … Continue reading

Posted in Cell site location information, Surveillance technology | Comments Off on Bloomberg Law: Location Data Privacy Protection Expanding in Judges’ Hands

W.D.Va.: Looking through porch window was a search, but justified by officer safety

Looking in the porch window is a violation of the curtilage and a search. Here, however, it was justified by the exigency of officer safety. United States v. Macdowell, 2019 U.S. Dist. LEXIS 139432 (W.D. Va. Aug. 19, 2019). As … Continue reading

Posted in Curtilage, Emergency / exigency | Comments Off on W.D.Va.: Looking through porch window was a search, but justified by officer safety

M.D.Ga.: Def handcuffed for officer safety was unMirandized, and his statement admitting to gun that led to search for it suppresses both

Officers had a right during a traffic stop to check criminal history, and that legitimately led to finding defendant’s search waiver. The Georgia search waiver is not complete, however, and more stringent than the one in Samson. He was handcuffed … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on M.D.Ga.: Def handcuffed for officer safety was unMirandized, and his statement admitting to gun that led to search for it suppresses both

CNS: Final Warrant Targeting Journalist Deemed Illegal by Judge

Courthouse News Service: Final Warrant Targeting Journalist Deemed Illegal by Judge by Nicholas Iovino:

Posted in Privileges | Comments Off on CNS: Final Warrant Targeting Journalist Deemed Illegal by Judge

D.Kan.: In a wiretap case, resort to SWs would tip off the targets to the investigation, so they need not be relied upon first

Defendant challenges his wiretap because the investigators could have conducted more searches with warrants. Search warrants, however, are known to the targets: “However, the Court also credits the Government’s concern that isolated search warrants might have alerted the organization to … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off on D.Kan.: In a wiretap case, resort to SWs would tip off the targets to the investigation, so they need not be relied upon first

CA5: “Legal process” for false arrest starts with the first appearance before a judge, not on actual arrest

A felony arrest without a warrant on probable cause is reasonable under the Fourth Amendment. “Legal process” doesn’t “kick in” until the first appearance before a judge or a warrant is prepared for statute of limitations purposes. [This is important … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest | Comments Off on CA5: “Legal process” for false arrest starts with the first appearance before a judge, not on actual arrest

CA7: USDC misapplies Heck by assuming challenged search was reasonable

The district court misapplied the Heck doctrine by assuming the search of plaintiff’s car was reasonable. The real question is whether the suit is to challenge the legality of the search. “On remand, the judge will need to resolve the … Continue reading

Posted in § 1983 / Bivens, Abstention | Comments Off on CA7: USDC misapplies Heck by assuming challenged search was reasonable