Monthly Archives: March 2020

Quarantines and the Fourth Amendment

Is a government quarantine order for a person or group of people a violation of the Fourth Amendment as a reasonable seizure? Despite being an ardent civil libertarian, I must conclude the Constitution means: No.   Protection from infectious diseases … Continue reading

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NYTimes: Justice Department Watchdog Cites More Flaws in FBI’s Handling of Surveillance Warrants

NYTimes: Justice Department Watchdog Cites More Flaws in FBI’s Handling of Surveillance Warrants by Reuters (“The FBI has failed to properly maintain supporting documentation when seeking surveillance warrants, raising questions about the factual underpinnings of the warrant applications and violating … Continue reading

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CA2: Barring cross-examination on execution of SW on cell phone wasn’t shown to be prejudicial

The district court didn’t err in sustaining the government’s objection to cross-examination about the execution of the search warrant on defendant’s cell phone because there was no showing that the warrant wasn’t improperly executed. United States v. Vargas, 2020 U.S. … Continue reading

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IL: Flight from gunshots is not RS

Defendant’s flight into his house on hearing gunshots was not reasonable suspicion to give chase or probable cause to enter the house to arrest him. Anybody would flee gunshots. People v. Craine, 2020 IL App (1st) 163403, 2020 Ill. App. … Continue reading

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CA5: Statute of limitations for malicious prosecution starts at acquittal

“As should be apparent, Winfrey controls. Since Fusilier is challenging ‘an unlawful [detention] pursuant to a warrant’ that the defendants caused to be issued because of ‘misstatements,’ Fusilier’s claim best fits with a malicious prosecution analogy. Winfrey, 901 F.3d at … Continue reading

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CO: Cell phone SW is particular if it gives just the phone number and expected owner’s name

A cell phone search warrant is sufficiently particular by identifying merely the phone number and the expected owner of the phone. People v. Pettigrew, 2020 COA 46, 2020 Colo. App. LEXIS 656 (Mar. 26, 2020). Defense counsel didn’t fail to … Continue reading

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N.D.Ind.: Having def sit in the patrol car didn’t prolong the stop

“[T]he officer did not commit an unlawful seizure when he instructed Salazar-Lopez to sit in the patrol car. The move to the patrol car did not impermissibly prolong the traffic stop, and was incidental to the mission of the stop.” … Continue reading

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W.D.Ky.: Not unreasonable under 4A that state “track and trace” warrant was served by fax in another jurisdiction; at least GFE applies

A state district court judge of apparent limited jurisdiction, not general criminal jurisdiction, had apparent authority to approve a “track and trace” order, or at least subject to the good faith exception. Suppression here would prove nothing at all. As … Continue reading

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OH9: Motion for returned property may still be appropriate after conviction

“[W]e find that a motion for the return of seized property may be a viable means to request the return of property even after conviction. Therefore, the trial court erred when it denied Mr. Castagnola’s motion for the return of … Continue reading

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CA8: SW for already seized cell phone came from SW for far more; apparently created confusion, but not suppression

Officers had seized defendant’s phone and applied for a search warrant for it and other things at the same time, and that led to a motion to suppress the phone search. “Suellentrop argues that the search of the phone was … Continue reading

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N.D.Fla.: Unsupported habeas claim that SWs were forged inadequate

“Watson’s unsubstantiated ‘belief’ that the warrants were forged does not raise the specter of a constitutional violation, and she offers nothing else in support of this claim. Furthermore, her claim in Ground Three that counsel was constitutionally ineffective because he … Continue reading

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M.D.Fla.: Def had officer’s card and could have revoked consent to search cell phone by telephone call or letter

When officers took defendant’s phone by consent and one left his card, he could have revoked consent by calling and leaving word with his office or writing a letter. United States v. Butler, 2020 U.S. Dist. LEXIS 51782 (M.D. Fla. … Continue reading

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W.D.Va.: Whistleblower CI has “strong[er] motive to supply accurate information.”

In a health care fraud case, a whistleblower confidential informant for a search warrant was entitled to more credit than a regular CI because of a likely “strong[er] motive to supply accurate information.” The search warrant for documents here was … Continue reading

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MT: State’s acting on nonbinding immigration detainer is an arrest subject to 4A and state law

An immigration detainer is not a demand to a state law enforcement officer to make a civil arrest, but, if a state law enforcement officer acts on it, it is a new arrest. It is ripe for judicial review because, … Continue reading

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EFF: EFF, ACLU & CDT Argue Five Months of Warrantless Covert 24/7 Video Surveillance Violates 4A

EFF: EFF, ACLU & CDT Argue Five Months of Warrantless Covert 24/7 Video Surveillance Violates Fourth Amendment by Jennifer Lynch (“Should the fact that your neighbors can see the outside of your house mean the police can use a camera … Continue reading

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Law.com: Understanding the Privacy Implications of Digital Technology

Law.com: Understanding the Privacy Implications of Digital Technology by Leonard Deutchman (“In this month’s article, we will examine the Superior Court’s reasoning in Dunkins and compare it to the U.S. Supreme Court’s reasoning in Carpenter. As with so many Fourth … Continue reading

Posted in Cell site location information, Surveillance technology | Comments Off on Law.com: Understanding the Privacy Implications of Digital Technology