Daily Archives: January 21, 2020

The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search

The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search by Greg Bishop:

Posted in Plain view, feel, smell, Probable cause | Comments Off on The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search

D.Minn.: Search and seizure of cell phone was private search

Three adults worked to get access to defendant’s cell phone because he was sexting a minor. “Moreover, even assuming solely for the sake of argument that Dustin Clark had wrongfully taken Minor A’s phone from Defendant Walsh and Deputy Bennett … Continue reading

Posted in Cell phones, Private search | Comments Off on D.Minn.: Search and seizure of cell phone was private search

NYTimes: ‘I Was Wrong,’ Bloomberg Says. But This Policy Still Haunts Him.

NYTimes: ‘I Was Wrong,’ Bloomberg Says. But This Policy Still Haunts Him. By Emma G. Fitzsimmons and Joseph Goldstein (“After defending the stop-and-frisk policing tactic, the former mayor apologized. But black voters in the Democratic presidential race may not forgive … Continue reading

Posted in Stop and frisk | Comments Off on NYTimes: ‘I Was Wrong,’ Bloomberg Says. But This Policy Still Haunts Him.

ID: Def left his own door open before the dog sniff; and sniff wasn’t otherwise unreasonable

Defendant got out of his car and left the door open, so it was already open when the dog sniff occurred. Opening the door was not a command. “We decline, however, to rule that an officer’s knock on a driver’s … Continue reading

Posted in Dog sniff, Informant hearsay | Comments Off on ID: Def left his own door open before the dog sniff; and sniff wasn’t otherwise unreasonable

WaPo: How William Barr could make everyone’s iPhone more vulnerable

WaPo: How William Barr could make everyone’s iPhone more vulnerable:

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Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:

Posted in E-mail, Prison and jail searches, Privileges | Comments Off on Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance

The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance by Alleen Brown & Alice Speri. After student protests to budget cuts at Puerto Rico’s university, seven were charged. Apparently Facebook search warrants were used:

Posted in Social media warrants | Comments Off on The Intercept: Facebook Warrant Targeting Student Journalists in Puerto Rico Prompts Fears of Political Surveillance

Lawfare: Apple vs FBI: Pensacola Isn’t San Bernardino

Lawfare: Apple vs FBI: Pensacola Isn’t San Bernardino by Nicholas Weaver:

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AL: Statutory violation in arrest wasn’t a 4A violation; arrest not suppressed (on rehearing)

Reversing itself on rehearing (prior opinion Berry v. State, 2019 Ala. Crim. App. LEXIS 64 (Sept. 20, 2019)), the court concludes that a potential statutory violation was not a Fourth Amendment violation. The officer knew of warrants for defendant’s arrest … Continue reading

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N.D.Cal. & W.D.Wash.: Summons in IRS Bitcoin investigation should be limited as to years covered

The IRS summons in a cryptocurrency investigation, the government satisfied the Powell standard with the exception of a proper time limitation on the years covered. Similar is Zietzke v. United States, 2019 U.S. Dist. LEXIS 204274 (W.D. Wash. Nov. 25, … Continue reading

Posted in Standards of review, Subpoenas / Nat'l Security Letters | Comments Off on N.D.Cal. & W.D.Wash.: Summons in IRS Bitcoin investigation should be limited as to years covered

D.N.M.: Handing back paperwork during stop and then calling def by name led to consensual extension of stop

Defendant was validly stopped for going 3 mph over the speed limit determined by radar. After handing defendant back his paperwork, and saying he could leave, the officer called out his name and kept him there. The court finds this … Continue reading

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CA6: Frisk for eating out of a dumpster was unreasonable

Plaintiff’s frisk for eating out of a dumpster was unreasonable. He wasn’t committing any crime. Jones v. City of ElyriaJones v. City of ElyriaJones v. City of Elyria, 2020 U.S. App. LEXIS 1609 (6th Cir. Jan. 17, 2020).* There was … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Reasonableness | Comments Off on CA6: Frisk for eating out of a dumpster was unreasonable