Koddos: CIA Discovered to Hack Wi-Fi Routers for Over a Decade

Koddos: CIA Discovered to Hack Wi-Fi Routers for Over a Decade
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Articles on constitutionality of Arpaio pardon for conviction for contempt for violating court order on 4A rights

Politico: Legal groups move to challenge Trump’s Arpaio pardon by Madeline Conway
Truthout: Will Judge Overturn Arpaio Pardon? by Marjorie Cohn
Slate: Was Trump’s Pardon of Joe Arpaio Unconstitutional? by Dahlia Lithwick
DiversityInc: Arpaio Pardon Unconstitutional, Justice Groups Challenge by Kaitlyn D’Onofrio
WaPo: The presidential pardon power is not absolute by Laurence H. Tribe and Ron Fein

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Techcrunch: Report: Facebook gave special investigator Robert Mueller detailed info on Russian ad buys

Techcrunch: Report: Facebook gave special investigator Robert Mueller detailed info on Russian ad buys by Jonathan Shieber:
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TN: GFE to warrantless blood draw doesn’t apply to implied consent

The trial court did not err in suppressing the results of the warrantless blood draw performed on defendant because the State failed to show that the blood was drawn pursuant to a recognized exception to the warrant requirement, and implied consent was not such an exception, and defendant did not voluntarily consent to the blood draw. He was informed only that it was mandatory in light of his prior DUI convictions and was never informed that refusal to submit would result in the suspension of driver’s license. The good-faith exception did not apply because no officer followed the proper procedure of reading the implied consent form to defendant. State v. Henry, 2017 Tenn. Crim. App. LEXIS 845 (Sept. 14, 2017).

2255 petitioner’s IAC Fourth Amendment claim is based on the same argument rejected at trial and on appeal, so it’s denied because the Fourth Amendment wasn’t violated. Smith v. United States, 2017 U.S. Dist. LEXIS 148864 (W.D. Tenn. Sept. 14, 2017).*

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CA9: Guest of evicted tenant has no REP in premises

Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff was shot brandishing a broken hockey stick as a weapon. The officers have qualified immunity. Woodward v. City of Tucson, 2017 U.S. App. LEXIS 17896 (9th Cir. Sept. 15, 2017).

Defendant was stopped en route to his hotel by police who had a search warrant for his room. He wasn’t under arrest, and, when handed the search warrant, he admitted that he had a key to the room. After the search he was arrested. Turning over the key was voluntary, and he wasn’t yet under arrest. [And the officers could have gotten a key from the hotel to enter the room so they wouldn’t damage the door. Or they could kick open the door and damage the premises. There were two independent sources available to them, and one was less reasonable than the other, albeit lawful. Which ever view one takes, this argument wouldn’t go anywhere.] State v. Handy, 2017 La. App. LEXIS 1611 (La.App. 4 Cir. Sept. 13, 2017).*

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D.N.M.: Just because the officer would search again, despite the court’s order the 4A was violated, doesn’t mean he won’t be deterred because he should be

On the government’s motion to reconsider, it argues that the cost-benefits analysis of the exclusionary rule should be evaluated in terms of the fact the officer would have searched here no matter what, so there was nothing to deter. Yes, there is, says the court. United States v. Cornejo, 2017 U.S. Dist. LEXIS 146507 (D. N.M. Sept. 11, 2017):
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M.D.La.: Def claims an illegal search led to his arrest; his admissions on jail phone calls are attenuated from that

Defendant’s calls from jail to his girlfriend about destroying evidence were attenuated from any prior illegality. “The Court finds that the nexus between the original unlawful search and the challenged evidence was attenuated by the intervening phone calls, an independent criminal act. The nexus was further attenuated by the subsequent probable cause and consent searches, neither of which have been challenged. Accordingly, the challenged evidence was derived by a ‘means sufficiently distinguishable to be purged of the primary taint.’” United States v. Reed, 2017 U.S. Dist. LEXIS 147331 (M.D. La. Sept. 12, 2017).

Defendant showed no possessory interest in his girlfriend’s car to have standing to object to a search of it. And, the record shows she consented to the search. Hill v. State, 2017 Miss. App. LEXIS 543 (Sept. 12, 2017).*

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E.D.Ky.: Def’s keys under him when arrested were properly seized incident to arrest; testing key in a lock wasn’t a search

Defendant’s keys were on the ground under him when he was arrested face down and handcuffed behind his back. They were seen when he was lifted up to stand. They were seized incident to his arrest, and inserting the key into a lock to see if it works is not a search under established precedent in this circuit. United States v. Harvey, 2017 U.S. Dist. LEXIS 147021 (E.D. Ky. Sept. 11, 2017).

Reasonable suspicion: strong smell of air fresheners in the vehicle, defendant’s statements about an uncle’s illness and defendant’s own whereabouts the night before were vague and conflicting, and the location of the traffic stop was along a stretch of interstate that was known by the deputy to be a drug trafficking corridor. Taylor v. State, 2017 Ga. App. LEXIS 416 (Sept. 14, 2017).*

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Lawfare: DreamHost Documents Summaries

Lawfare: DreamHost Documents Summaries by Sarah Tate Chambers & Stephanie Zable:
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Fourth Amendment Localism, 93 Ind. L.J. forthcoming

Fourth Amendment Localism, 93 Ind. L.J. forthcoming, Wayne A. Logan (June 2, 2017). Abstract:
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