Daily Archives: January 7, 2020

WaPo: FBI asks Apple for help cracking Pensacola gunman’s iPhones

WaPo: FBI asks Apple for help cracking Pensacola gunman’s iPhones by Devlin Barrett: The FBI is pressing Apple for help opening iPhones that belonged to the Saudi military student who killed three people last month at a naval base in … Continue reading

Posted in Cell phones, Surveillance technology | Comments Off on WaPo: FBI asks Apple for help cracking Pensacola gunman’s iPhones

M.D.Pa. Delay in searching cell phones wasn’t unreasonable because def was in jail out of possession anyway

The delay between seizing defendant’s cell phones and searching them wasn’t unreasonable considering he was in jail and would have had no access to them anyway. United States v. Carey, 2020 U.S. Dist. LEXIS 1150 (M.D. Pa. Jan. 6, 2020). … Continue reading

Posted in Cell phones, Probable cause, Reasonableness, Warrant execution | Comments Off on M.D.Pa. Delay in searching cell phones wasn’t unreasonable because def was in jail out of possession anyway

D.Mass.: Attacking only GFE when court found both PC and GFE states no 2255 claim

The district court before conviction held that the search warrant was based on probable cause and the good faith exception would apply. In his 2255, defendant argues that defense counsel was ineffective for not better arguing the good faith exception. … Continue reading

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OH5: Knock-and-talk led to smell of MJ grow; entry for protective sweep before getting SW wasn’t unreasonable

Police came to do a knock-and-talk, and they could smell a marijuana grow from outside. They decided to do a protective sweep for people before they left to get a search warrant because they heard music from inside the home. … Continue reading

Posted in Curtilage, Informant hearsay, Knock and talk, Protective sweep | Comments Off on OH5: Knock-and-talk led to smell of MJ grow; entry for protective sweep before getting SW wasn’t unreasonable

CA10: Causing a handcuffed unseatbelted arrestee to be bounced around the back seat while driving fast and recklessly states an excessive force claim; no QI

“McCowan based his excessive-force claim on his assertion that Officer Moralez placed McCowan in the back seat of a patrol car, handcuffed behind his back and unrestrained by a seatbelt, and then drove recklessly to the police station, knowing his … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on CA10: Causing a handcuffed unseatbelted arrestee to be bounced around the back seat while driving fast and recklessly states an excessive force claim; no QI

CA11: Domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims

A domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims: “Based on the 911 call reporting gunshots and a domestic disturbance, combined with Peacock’s initial observations upon arriving at … Continue reading

Posted in Emergency / exigency, Ineffective assistance, Knock and talk, Protective sweep | Comments Off on CA11: Domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims

D.Mont.: With court ordered pinging of cell phone, govt violated no REP in following the pings

Once officers had a warrant authorizing capturing defendant’s cell phone pings back even in 2015, he had no reasonable expectation of privacy in his movements in public when they were following him based on the result of the pings. Therefore, … Continue reading

Posted in Cell phones, Computer and cloud searches, Reasonable expectation of privacy, Tracking warrant | Comments Off on D.Mont.: With court ordered pinging of cell phone, govt violated no REP in following the pings