Daily Archives: February 8, 2020

KY: Real time pinging of CSLI requires SW except for exigency

“[W]e hold that individuals have a reasonable expectation of privacy in real-time CSLI and, consequently, the acquisition of such data by the police constitutes a search triggering the protections of the Fourth Amendment. Furthermore, the good faith exception does not … Continue reading

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CA5: When appealing PC and GFE, both have to be briefed on appeal or it will be affirmed

When the district court decides a Fourth Amendment case on probable cause and good faith exception, counsel on appeal has to brief both issues. Failure to brief the good faith exception here results in affirmance by waiver of the issue. … Continue reading

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CA11: Def had no standing in a borrowed car he was a passenger in and the search was of the pocket of the driver’s door

“For starters, Black did not have standing to challenge the September 9, 2016, search of the car he was borrowing, and, thus, could not have prevented the fraudulent credit cards within it from entering evidence. The record shows that, at … Continue reading

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MA: Probation search of cell phone photo app was reasonable; could be used in a subsequent prosecution

Defendant’s probation search of a photo app on his cell phone that revealed child pornography and led to a search warrant of his residence was reasonable. The product of all the searches was admissible against him in a subsequent criminal … Continue reading

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gizmodo: Feds Find Fourth Amendment Workaround, Buy Phone Locations From Marketing Firms

gizmodo: Feds Find Fourth Amendment Workaround, Buy Phone Locations From Marketing Firms by Dell Cameron (“Sidestepping the need to obtain a search warrant, the Department of Homeland Security (DHS) has reportedly been accessing phone location data belonging to millions of … Continue reading

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