Daily Archives: February 25, 2020

Security Boulevard: Personal Data Collection: Outsourcing Surveillance

Security Boulevard: Personal Data Collection: Outsourcing Surveillance by Mark Rasch (“The buying and selling of personal data means more entities are able to conduct surveillance without needing a warrant”)

Posted in Surveillance technology, Third Party Doctrine | Comments Off on Security Boulevard: Personal Data Collection: Outsourcing Surveillance

E.D.Mich.: Navarette-like stop was reasonable in shots fired call and that also supported vehicle search for weapon under Long

“Navarette supports a finding of reasonable suspicion here. In light of the totality of the circumstances, including that officers spotted the white pickup in close proximity to the park soon after being dispatched, the court finds that the 911 call … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off on E.D.Mich.: Navarette-like stop was reasonable in shots fired call and that also supported vehicle search for weapon under Long

CA1: Def lacked standing to challenge search of a shed actually done under authority of bail condition

Defendant was stopped by officers with “beyond” reasonable suspicion he was dealing drugs. The stop was not unreasonably long, and defendant incriminated himself pre-Miranda. Defendant lacked standing to challenge the search of a shed. The justification for the search was … Continue reading

Posted in Standing | Comments Off on CA1: Def lacked standing to challenge search of a shed actually done under authority of bail condition

CA1: Alleged overseizure of email under SW would only require partial suppression; def doesn’t identify that which was overseized

Defendant’s motion to suppress electronic data acquired by a Rule 41(e)(2)(B) search warrant on his email account was properly denied. Based on the absence of a time limit in the warrant, it was not unreasonable to interpret the warrant to … Continue reading

Posted in E-mail, Overseizure, Qualified immunity | Comments Off on CA1: Alleged overseizure of email under SW would only require partial suppression; def doesn’t identify that which was overseized

D.P.R.: Franks motion that only sets up a “swearing match” for witnesses is inadequate

Defendant’s unsworn motion for a Franks hearing fails to identify the materiality of the alleged misstatement and that it was knowingly false. Setting up a “swearing match” for a hearing doesn’t satisfy Franks. United States v. Figueroa-Rivera, 2020 U.S. Dist. … Continue reading

Posted in Franks doctrine | Comments Off on D.P.R.: Franks motion that only sets up a “swearing match” for witnesses is inadequate

TX9: Witness and ADAs allegedly providing false information for SWs are absolutely immune from civil cases

Witnesses who had provided affidavits in the underlying criminal case were entitled to absolute witness immunity, regardless of whether they gave false testimony. Prosecutors in that case who allegedly participated in falsifying evidence and writing a perjured search warrant were … Continue reading

Posted in § 1983 / Bivens, Franks doctrine | Comments Off on TX9: Witness and ADAs allegedly providing false information for SWs are absolutely immune from civil cases

IEEE Spectrum: AI Deception: When Your Artificial Intelligence Learns to Lie

IEEE Spectrum: AI Deception: When Your Artificial Intelligence Learns to Lie by Heather Roff (“We need to understand the kinds of deception an AI agent may learn on its own before we can start proposing technological defenses”)

Posted in Surveillance technology | Comments Off on IEEE Spectrum: AI Deception: When Your Artificial Intelligence Learns to Lie

The Guardian: Rules urgently needed to oversee police use of data and AI – report

The Guardian: Rules urgently needed to oversee police use of data and AI – report (“Report warns that technology, uptake of which has largely been driven by cuts, could lead to discrimination”)

Posted in Surveillance technology | Comments Off on The Guardian: Rules urgently needed to oversee police use of data and AI – report

NBC News: ‘They lied to us’: Mom says police deceived her to get her DNA and charge her son with murder

NBC News: ‘They lied to us’: Mom says police deceived her to get her DNA and charge her son with murder (“A murder case raises the question: Is it OK for police to lie to get an innocent person’s DNA?”)

Posted in Consent, DNA | Comments Off on NBC News: ‘They lied to us’: Mom says police deceived her to get her DNA and charge her son with murder

The Recorder: California’s Appellate Courts Are Fine-Tuning When Juvenile Offenders Are Subject to Warrantless Searches

The Recorder: California’s Appellate Courts Are Fine-Tuning When Juvenile Offenders Are Subject to Warrantless Searches (“Although California’s First District Court of Appeal did not rule on the constitutional questions raised in the appeal, the court blocked the attorney general’s attempt … Continue reading

Posted in Uncategorized | Comments Off on The Recorder: California’s Appellate Courts Are Fine-Tuning When Juvenile Offenders Are Subject to Warrantless Searches

IN: Warrant-placed GPS unit’s failure is not PC to believe defendant stole it

Just because a GPS device lawfully planted on a car stops working is not probable cause to believe the defendant stole it. The search warrant for his house and barn to recover it lacked all probable cause and any basis … Continue reading

Posted in Good faith exception, GPS / Tracking Data | Comments Off on IN: Warrant-placed GPS unit’s failure is not PC to believe defendant stole it

Yes, I know this blog is behind

I have a three week trial in early March. I’m doing what I can, but 40-50 cases a day come from Lexis.

Posted in Uncategorized | Comments Off on Yes, I know this blog is behind

SCOTUS: The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent has no 4A or 5A Bivens claim.

The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent for no reason has no Bivens claim for a Fourth or Fifth Amendment claim. Hernández v. Mesa, 2020 U.S. LEXIS 1361 … Continue reading

Posted in § 1983 / Bivens, Excessive force, Police misconduct, SCOTUS | Comments Off on SCOTUS: The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent has no 4A or 5A Bivens claim.