Daily Archives: June 13, 2022

LawFare: The Impotence of the Fourth Amendment in a Post-Roe World

LawFare Blog: The Impotence of the Fourth Amendment in a Post-Roe World by Jolynn Bellinger & Stephanie Pell:

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ABA Journal: Are driverless car searches constitutional?

ABA Journal: Are driverless car searches constitutional? by Adam Banner:

Posted in Automobile exception | Comments Off on ABA Journal: Are driverless car searches constitutional?

Gizmodo: New Research Suggests Always-On Bluetooth Could Be Used to Track Your Phone

Gizmodo: New Research Suggests Always-On Bluetooth Could Be Used to Track Your Phone by Kyle Barr (“With tracking devices like Apple AirTags used to stalk and harass, this new research proves there will always be novel ways for technology to … Continue reading

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NE: “Probable cause may be based on commonsense conclusions about human behavior.”

There was probable cause for this search warrant for defendant’s cell phone found where a window peeper dropped it in flight from being seen at the window. The warrant was particular, and video of a sleeping woman being sexually abused … Continue reading

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S.D.N.Y.: No REP in car obtained by fraud

There is no reasonable expectation of privacy in a car obtained by identify theft. United States v. Ilori, 2022 U.S. Dist. LEXIS 104338 (S.D.N.Y. June 10, 2022):

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E.D.Pa.: 4A doesn’t even require SW be signed if PC was found by issuing magistrate; signing in wrong place doesn’t matter

The issuing magistrate’s failure to sign the warrant in the appropriate place is not a Fourth Amendment violation. The Fourth Amendment does not even require the search warrant be signed by the issuing magistrate as long as probable cause was … Continue reading

Posted in Good faith exception, Warrant papers | Comments Off on E.D.Pa.: 4A doesn’t even require SW be signed if PC was found by issuing magistrate; signing in wrong place doesn’t matter

IA: Ex-wife’s false claims of sex abuse of children was still PC for state action

Plaintiff sued the State of Iowa over a DHS sex abuse investigation that ordered him out of the house, but was later proved unfounded. It was discovered that his ex-wife’s claim was manufactured to get him out of the house. … Continue reading

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