Daily Archives: November 8, 2024

OR: SW not particular for wholesale digital searches

The electronic search categories any digital storage devices in this search warrant are not particular under the state constitution. Remanded for determination of remedy. State v. Curry, 336 Or. App. 72 (Nov. 6, 2024):

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FL1: Lack of candor in appeal brief earns admonition

Affirmed per curiam. The concurring opinion: The facts concerning the stop and search in the appeal brief demonstrate a serious lack of candor which the state didn’t even challenge. All counsel included was his cross-examination and omitted the state’s direct … Continue reading

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E.D.Va.: Govt showed exigency for access to public Facebook messages in terrorism investigation

The court assumes defendant had a reasonable expectation of privacy in his private Facebook messages, but holds he did not in his non-private ones. Still, the government successfully argued that it had exigent circumstances for Facebook to reveal messages under … Continue reading

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W.D.Pa.: Use of coarse language during prison strip search didn’t make it unreasonable

Prison strip search was not unconstitutional. “Shepard has failed to allege facts to support that the November 2022 search was unreasonable. She acknowledges that such searches are routinely conducted before an inmate leaves the correctional institution for outside medical appointments. … Continue reading

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MO: Def’s attempts to block the officer’s view of the interior of his car was RS

Defendant’s attempts to block the officer’s view of the interior of his car was reasonable suspicion. State v. Thomas, 2024 Mo. LEXIS 335 (Nov. 5, 2024):

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S.D.Fla.: Raid on a business alleged to be retaliation for political speech survives motion to dismiss

A warrantless raid on a business alleged to have a First Amendment political retaliatory motive survives a motion to dismiss. “Taking the Complaint’s allegations as true, we think that Hernandez’s organizing a raid of Bellas to suppress political speech—‘actions reminiscent … Continue reading

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