Daily Archives: December 2, 2019

techdirt: EU Tells US: Ban Strong Encryption, And Privacy Shield Data Sharing Agreement Could Be At Risk

techdirt: EU Tells US: Ban Strong Encryption, And Privacy Shield Data Sharing Agreement Could Be At Risk by Glyn Moody:

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E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

Use of a key fob to identify defendant’ vehicle is not a search invading a reasonable expectation of privacy. United States v. Burgess, 2019 U.S. Dist. LEXIS 206776 (E.D. Pa. Nov. 29, 2019):

Posted in Reasonable expectation of privacy, Search | Comments Off on E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

E.D.Pa.: Def could be transported to precinct for lineup on RS alone

Defendant was handcuffed as a part of his stop for officer safety and to secure the scene. They could also put him in a police car handcuffed. Finally, transporting him to the precinct for a lineup wasn’t an unreasonable seizure … Continue reading

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E.D.Pa.: SW for CP here lacked all PC, and GFE doesn’t apply

Defendant was believed by the police to have been involved in sexual abuse of children, and he had strange eBay purchases and messages for used childrens’ underwear and pictures of children wearing them. The search warrant ultimately issued was for … Continue reading

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CA5: Heien objective reasonableness applies to a stop for driving too slow even though it was just def’s car in traffic

Driving too slow for too long justifies a stop, at least Heien makes it reasonable: “Given the dearth of authority on whether a single vehicle constitutes traffic …, the ambiguity in the statute, and the danger observed by the officer, … Continue reading

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N.D.Iowa: Govt overcame presumptively unreasonable search finding a bullet hole to validate SW for premises

Defendant showed that filing his motion to suppress nearly a year late under the motions deadline was with good cause because of continuances of the trial and changes in counsel. A bullet hole in a hallway wall was discovered by … Continue reading

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D.Nev.: Omission of CI’s felony conviction and motive to provide information justifies Franks hearing

“As further explained below, because the investigating detective’s omission of a tipster’s felony conviction for an offense bearing on his truthfulness in her affidavit supporting her application for a search warrant that led to the discovery of evidence on that … Continue reading

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S.D.Ohio: Among eight 4A issues, none prevails; failure to provide inventory at the time of search is ministerial and requires a showing of prejudice

Defendant raised almost every conceivable Fourth Amendment and Rule 41 issue he could, and the district court rejects them all: (1) “The information in the affidavit is insufficient to support a finding of probable cause as to the crimes listed … Continue reading

Posted in Warrant execution | Comments Off on S.D.Ohio: Among eight 4A issues, none prevails; failure to provide inventory at the time of search is ministerial and requires a showing of prejudice