Daily Archives: August 6, 2020

Massachusetts holds long term pole camera surveillance of one’s home can violate REP and state constitution

Long term surveillance of defendant’s homes with pole cameras wasn’t a Fourth Amendment violation but it could violate the Massachusetts Constitution. Two defendants show a reasonable expectation of privacy under a “mosaic theory” which has been recognized in Massachusetts. Remanded … Continue reading

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CA10: Parolee’s § 1983 claim he was wrongfully arrested on parole doesn’t state a claim because he’s always “in custody”

Plaintiff’s claim that he was unreasonably arrested for a parole violation before actually getting on parole is rejected because a parolee is still in custody no matter what. “Similarly, there is no authority to support Mr. Neilsen’s argument that an … Continue reading

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D.Mass.: Six week delay between PC of one drug possession made SW stale; no GFE here

The six week delay between the probable cause and the issuance of the search warrant for one drug possession was stale, and no reasonable officer could have concluded there was. Therefore, the good faith exception doesn’t apply. United States v. … Continue reading

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HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million

HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million by Dan Margolies:

Posted in Prison and jail searches, Privileges | Comments Off on HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million

NM: Calls to murder victim’s cell phone just before murder was PC to get CSLI on the phone

A shooting victim made and received cell phone calls to his phone and the calls were not in the contacts list 30 minutes before the victim was found dead. This was probable cause for data about that caller including the … Continue reading

Posted in Cell phones, Cell site location information, Inventory | Comments Off on NM: Calls to murder victim’s cell phone just before murder was PC to get CSLI on the phone