WaPo: Senate bill would impose new privacy limits on accessing NSA’s surveillance data

WaPo: Senate bill would impose new privacy limits on accessing NSA’s surveillance data by Karoun Demirjian and Ellen Nakashima:
Continue reading

Posted in FISA | Comments Off

NY: Officer safety a mixed question of law and fact with record support; affirmed

“The issue whether ‘the likelihood of a weapon in [defendant's] car [was] substantial and the danger to the … safety [of the officers who stopped that vehicle was] “actual and specific”’ … presents a mixed question of law and fact …. Here, there is record support for the determination that those circumstances existed and justified the limited search of the interior of that vehicle …. Consequently, defendant’s challenge to the denial of his suppression motion is beyond this Court’s further review ….” People v. Hardee, 2017 NY Slip Op 08038, 2017 N.Y. LEXIS 3205 (Nov. 16, 2017) (memorandum, but with dissents).

Defendant’s IAC claim is mistaken: there was a search warrant for his belongings at the hospital where he went after being shot by his rape victim. State v. Lewis, 2017 La. App. LEXIS 2069 (La.App. 2 Cir. Nov. 15, 2017).*

Posted in Standards of review | Comments Off

D.N.M.: Govt’s rationale for impoundment failed: car was in a safe residential neighborhood in front of a friend’s house who said he’d watch it

Defendant was buying the car searched from his sister, although it was still in her name and registered to her. He had standing to challenge its search. The government’s rationale for impoundment was community caretaking, but the car was parked in front of the house of a good friend who would let him leave it there. In the Tenth Circuit that was enough to make the impoundment unreasonable. It was not a high crime area and the chances of vandalism were minimal. United States v. Barraza, 2016 U.S. Dist. LEXIS 191828 (D. N.M. June 27, 2016).

The officer here encountered the plaintiff walking at 3:30 am on a hot and humid night in Miami wearing all black and a sweater with a t-ball bat in his back pocket hidden by the sweater. A scuffle ensued and plaintiff was shot six times. There is a fact question for trial on whether plaintiff was reaching for a weapon, the bat or something else, when he was shot. Gregory v. Miami-Dade Cty., 2017 U.S. App. LEXIS 22903 (11th Cir. Nov. 15, 2017).*

Posted in Excessive force, Inventory | Comments Off

Techdirt: Most Senate Intelligence Committee Members Are Fine With Domestic Surveillance By The NSA

Techdirt: Most Senate Intelligence Committee Members Are Fine With Domestic Surveillance By The NSA by Tim Cushing:

The Senate Intelligence Committee has released its report [PDF] on its Section 702 reauthorization plan. Rather than adopt any serious reforms — like those proposed by Sen. Ron Wyden — the SIC plans to move ahead with its non-reform bill, one that’s actually weaker than the watered-down offering from the House.

Posted in FISA | Comments Off

D.N.M.: Officers did not have reason to believe defendant was the person named in his arrest warrant when they detained him; arrest suppressed

The US Marshals did not have a reasonable articulable basis that defendant was the person named in their arrest warrant at the time they detained him on it, and the product of the arrest is suppressed. United States v. Morales, 2016 U.S. Dist. LEXIS 191830 (D. N.M. July 12, 2016):
Continue reading

Posted in Arrest or entry on arrest | Comments Off

LA: Search incident can occur before formal arrest

The trial court denied the motion to suppress and the court of appeals reversed. When defendant’s name came back as having a warrant, the fact the search occurred before the formal arrest doesn’t matter. State v. Owens, 2017 La. LEXIS 2617 (Nov. 13, 2017) (per curiam):
Continue reading

Posted in Arrest or entry on arrest, Search incident | Comments Off

TX4 seemingly applies wrong standard of review to RS

Defendant wasn’t seized just because he and an officer were conversing. On the totality, the trial court reasonably concluded that the officer had reasonable suspicion to continue it and ask for consent to search defendant’s wallet. [The court says, however: "Based on a review of the record, the trial court could reasonably determine that Officer Rodriguez diligently pursued a means to confirm or dispel his suspicions and the detention was not so long as to become constitutionally prohibited.” Isn’t that contrary to de novo review of reasonable suspicion under Ornelas? This is an opinion on rehearing.] Alfaro-Jimenez v. State, 2017 Tex. App. LEXIS 10733 (Tex. App. – San Antonio Nov. 15, 2017).*

Posted in Reasonable suspicion, Standards of review | Comments Off

TN: Def had no standing in wife’s journal

Defendant’s wife’s journal was found by her son and delivered to the police, and it mentioned defendant’s sex crimes against their daughter. He had no standing to challenge the seizure, and it was a private seizure at that. State v. Smartt, 2017 Tenn. Crim. App. LEXIS 960 (Nov. 14, 2017).*

The video wasn’t clear, but the officer’s testimony was and was credited, so there was reasonable suspicion for the stop. State v. Sanford, 2017 Tenn. Crim. App. LEXIS 963 (Nov. 14, 2017).*

Posted in Reasonable suspicion, Standing | Comments Off

Reason: The Senate Intelligence Committee Really Wants to Secretly Snoop on Americans

Reason: The Senate Intelligence Committee Really Wants to Secretly Snoop on Americans by Scott Shackford:
Every attempt to restrain and reform unwarranted domestic surveillance batted away.

Posted in Uncategorized | Comments Off

PA: Riley doesn’t apply to parole searches of cell phones

Riley doesn’t apply to parole searches of cell phones. Commonwealth v. Murray, 2017 PA Super 363, 2017 Pa. Super. LEXIS 928 (Nov. 15, 2017):
Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off