Daily Archives: January 9, 2021

CA11: Successor habeas over detention that led to confession not based on newly discovered evidence

Petitioner’s 2254 successor petition is denied on his claim that his detention was unreasonable that led to his confession. “Nero’s claims do not meet the statutory criteria. He indicates that his claims do not rely on a new rule of … Continue reading

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D.VI.: CBP questions at border like “Did you pack the bag yourself” not subject to Miranda

Questions at Customs “Is this your bag?”; “Did you pack the bag yourself?”; and “Are you carrying anything for anyone?” are not subject to Miranda. They related to admissibility of the traveler. United States v. Bailey, 2021 U.S. Dist. LEXIS … Continue reading

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W.D.Wash.: Demand for records from federal govt didn’t state a Washington state law claim

A demand for records from the federal government doesn’t state a claim under Washington state law when plaintiff grudgingly gave up the records. Daviscourt v. United States, 2020 U.S. Dist. LEXIS 246610 (W.D. Wash. Dec. 10, 2020)*:

Posted in State constitution, Subpoenas / Nat'l Security Letters | Comments Off on W.D.Wash.: Demand for records from federal govt didn’t state a Washington state law claim

Geofence warrants can be used to identify those who invaded the Capitol, not to mention Facebook warrants

The government’s prior use of geofence warrants were a prelude to this: With the invasion of the Capitol on Wednesday, the government now can attempt to locate all the cell phones inside the Capitol to identify those to potentially charge. … Continue reading

Posted in Cell phones, Cell site location information, Digital privacy, Digital Searches, geofence, Surveillance technology | Comments Off on Geofence warrants can be used to identify those who invaded the Capitol, not to mention Facebook warrants