Daily Archives: January 11, 2021

AZ: Third party doctrine after Carpenter doesn’t require SW for IP addresses and subscriber info

The third party doctrine after Carpenter does not make IP addresses and subscriber information protected by the Fourth Amendment or the state constitution. State v. Mixon, 2021 Ariz. LEXIS 3 (Jan. 11, 2021):

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KY: Smell of burning marijuana from a house alone is not exigency

The entry here could not be justified as a protective sweep because of a lack of reason to believe the person sought was there. It also can’t be justified by exigency because of the smell of burning marijuana alone. Nothing … Continue reading

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E.D.Cal.: 8A applies to excessive force claims in prison

The Eighth Amendment applies to excessive force claims in prison; the Fourth Amendment to free worlders. Rodriguez v. United States, 2021 U.S. Dist. LEXIS 4100 (E.D. Cal. Jan. 7, 2021). The court believes the officer over the defendant on whether … Continue reading

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NY: Tenants can consent to a rental property inspection

In a rental property inspection, the tenants consented, and that was constitutionally sufficient. Town of Huntington v. CFLNYNY, LLC, 2021 NY Slip Op 50009(U), 2021 N.Y. Misc. LEXIS 27 (Suffolk Co. Jan. 7, 2021).* There was probable cause for a … Continue reading

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E.D.Tenn.: Address wasn’t required where picture of property was in SW

Defendant’s address wasn’t included in the affidavit for the search warrant, but its picture was and there was no mistake on the place searched. That was sufficient. United States v. Lingo, 2021 U.S. Dist. LEXIS 3861 (E.D. Tenn. Jan. 8, … Continue reading

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