Daily Archives: March 9, 2024

AK: Police aerial flyover with telephoto lens of rural property violates state right of privacy

Under the Alaska Constitution, an aerial flyover with a telephoto lens of rural property in a “sparsely populated area” in the woods north of Fairbanks produced evidence of a grow operation. In a long (and sensitive opinion), the Alaska Supreme … Continue reading

Posted in Curtilage, Plain view, feel, smell, Surveillance technology | Comments Off on AK: Police aerial flyover with telephoto lens of rural property violates state right of privacy

Cal.2d: Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

Posted in Reasonable suspicion, Reasonableness, Waiver | Comments Off on Cal.2d: Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop

W.D.Pa.: Prisoners stated 4A claim for recording of attorney-client calls

Prison inmates stated a claim where their prison calls to their lawyers were recorded by the provider without their knowledge. “ICS’ contention that the recording here was proper because inmates have a lowered expectation of privacy is inapplicable. First, while … Continue reading

Posted in Arrest or entry on arrest, Informant hearsay, Prison and jail searches | Comments Off on W.D.Pa.: Prisoners stated 4A claim for recording of attorney-client calls