Daily Archives: January 5, 2021

Crime Online: School principal ordered to pay $3.6M for sharing students’ nude pictures online

Crime Online: School principal ordered to pay $3.6M for sharing students’ nude pictures online by Jacquelyn Gray (“A former principal in Kentucky who is serving a nine-year federal prison sentence was ordered last week to pay $3.6 million for confiscating … Continue reading

Posted in Cell phones, School searches | Comments Off on Crime Online: School principal ordered to pay $3.6M for sharing students’ nude pictures online

CA8: Detention of ptf for videoing outside of police station was reasonable given the officers’ concerns about other crimes and vandalism there

Plaintiff’s detention outside the police station for engaging in confrontational behavior went beyond any constitutionally protected recording activity. Defendants’ actions, when combined with their knowledge of vehicles being vandalized and stolen in the area and their personal knowledge that a … Continue reading

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NYLJ: The Myriad Problems with Qualified Immunity

Analysis: The Myriad Problems With Qualified Immunity (“In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court’s qualified immunity jurisprudence, calling for its elimination or at least … Continue reading

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CA, Solano Co.: City govts can’t use cell site simulators without adopting a specific privacy policy under CA law

When a California local government agency buys a cell site simulator, state law requires a privacy policy be adopted for it. A writ of mandate is granted preventing the respondent city from using it until a policy complying with state … Continue reading

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CA5: Burglary call led to plain view of drugs in car, then a search

Police responded to a potential burglary call and encountered a vehicle. In plain view the officers could see what was likely methamphetamine. That led to a search that found explosive devices. The plain view was reasonable. United States v. Miller, … Continue reading

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E.D.Ky.: Continuation stop was supported by RS based on routine questions and observations

“The evidence in this case supports the conclusion that the length of the stop was supported by reasonable suspicion, and the encounter was reasonably related in scope to the purpose of the stop. Trooper Vanhoose testified that after he stopped … Continue reading

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MI: Separate SW for cell phone contents required when another potential crime discovered during search

Execution of a search warrant on a cell phone for one crime doesn’t permit a search of the cell phone for another crime. A separate warrant has to be obtained. The first warrant does not extinguish the owner’s reasonable expectation … Continue reading

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D.V.I.: Not showing target a “particularized list” of things to be seized doesn’t justify exclusion

Failure to tell the target of a search warrant or his lawyer who showed up what’s being seized by showing the warrant itself doesn’t justify applying the exclusionary rule. The attachments incorporated into the affidavit were present at the scene … Continue reading

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CA8: Remodeler found video voyeur camera and conducted a private search then turned it over to police

A man remodeling defendant’s house found a USB port in the bathroom, and he gathered that the USB could be used to hook up a camera in the bathroom to record children visiting there. He took the device he found … Continue reading

Posted in Emergency / exigency, Franks doctrine, Private search | Comments Off on CA8: Remodeler found video voyeur camera and conducted a private search then turned it over to police