Daily Archives: April 14, 2021

WaPo: The FBI wanted to unlock the San Bernardino shooter’s iPhone. It turned to a little-known Australian firm

WaPo: The FBI wanted to unlock the San Bernardino shooter’s iPhone. It turned to a little-known Australian firm by Ellen Nakashima and Reed Albergotti (“Azimuth unlocked the iPhone at the center of an epic legal battle between the FBI and … Continue reading

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EFF Objects to Un-Warranted Police DNA Searches

EFF: EFF Objects to Un-Warranted Police DNA Searches by Eric Weiss (“The Electronic Frontier Foundation is arguing that law enforcement officers should not be able to collect someone’s DNA or perform searches in a consumer-facing genealogy database without first obtaining … Continue reading

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MT: Jury instructions on police negligence adequately explained const’l tort theory

The estate’s theory of police negligence was submitted to the jury and it adequately explained plaintiff’s constitutional tort theory. The defense relied on community caretaking function. The jury found the entry reasonable leading to the use of deadly force, and … Continue reading

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E.D.Mo.: Mistaken identity stop was reasonable and led to plain view

The mistaken identity stop of defendant was reasonable on the totality, and, when a blunt fell to the ground, there was probable cause to go further. United States v. Smith, 2021 U.S. Dist. LEXIS 71223 (E.D. Mo. Mar. 26, 2021). … Continue reading

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D.Alaska: Military authorized seizure of electronic devices valid despite entry into room

The military search of defendant’s electronic devices was reasonable and done under a valid search authorization. The fact they were in his room did not prohibit entry to retrieve them. United States v. Basey, 2021 U.S. Dist. LEXIS 70988 (D. … Continue reading

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N.D.Iowa: 27 month delay in seeking SW for cell phone was unreasonable, and GFE not applied

A 27 month delay in getting a search warrant for defendant’s cell phone was unreasonable, and the good faith exception is not applied. United States v. Tu Anh Nguyen, 2021 U.S. Dist. LEXIS 70671 (N.D. Iowa Mar. 16, 2021):

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