CNBC: Amazon is developing high-tech surveillance tools for an eager customer: America’s police by John Schuppe:
Amazon’s Ring subsidiary doesn’t just make the wireless security cameras — it also accesses police data to alert residents of potential crimes, encourages users to share recordings of suspicious behavior themselves and connects them with law enforcement.
Wired: Hackers Could Decrypt Your GSM Phone Calls by Lily Hay Newman:
Most mobile calls around the world are made over the Global System for Mobile Communications standard; in the US, GSM underpins any call made over AT&T or T-Mobile’s network. But at the DefCon security conference in Las Vegas on Saturday, researchers from the BlackBerry are presenting an attack that can intercept GSM calls as they’re transmitted over the air and decrypt them to listen back to what was said. And the vulnerability has been around for decades.
Quartz: A California police robot is flagging “blacklisted” people and cars by Justin Rohrlich:
An autonomous police robot patrolling the streets of Huntington Park, California is scanning license plates, logging IP addresses, and using facial recognition technology that alerts cops to the presence of ‘blacklisted’ passersby. Details of the contraption’s capabilities were confirmed through a Freedom of Information Act request by MuckRock, a nonprofit FOIA clearinghouse in Boston.
Reason: No Probable Cause Required for Cops To Access User Data From Popular Apps by Ben McDonald:
Only three states require police to obtain a warrant before requesting private user data from companies.
There was no reasonable suspicion of drug activity with defendant’s car in a Wendy’s parking lot at 1 pm. An anonymous caller concerned about “drug activity” called the police and reported that people walked up to the car, talked to defendant, and then walked away. When police got there, they noticed nothing awry and the car was legally parked. Navarette doesn’t help the state: “We have commented that ‘Navarette adds nothing to standards Ohio has long applied.’” State v. Collier, 2019-Ohio-3197, 2019 Ohio App. LEXIS 3277 (2d Dist. Aug. 9, 2019).
The officers’ encounter with defendant was in a high crime area known for armed drug traffickers were he asked two men just to lift their shirts; one did and the other didn’t. The one who didn’t, defendant, was known to the police to have been arrested for trespassing there before (although he didn’t know the trespassing charge had been dismissed). He told him too, and the outline of a gun was seen. The court credits the officer and sustains the search. United States v. Peters, 2019 U.S. Dist. LEXIS 134353 (E.D. Va. Aug. 9, 2019).*
In a forfeiture case initiated with a search warrant, defects in the warrant process denied the government resort to the good faith exception for failure to apprise all the officers what they were looking for and not attaching exhibits to the warrant for clarification. There was summary judgment as to part, then it was tried to a jury, and then this appeal. In re 650 Fifth Ave. & Related Props., 2019 U.S. App. LEXIS 23769 (2d Cir. Aug. 9, 2019), prior appeal 830 F.3d 66 (2d Cir. 2016):
Continue reading
Throwing a black pouch onto the roof of a building in flight from the police as he climbed over a fence was abandonment. United States v. Gaines, 2019 U.S. Dist. LEXIS 134303 (D. Kan. Aug. 9, 2019).*
The search warrant here specifically authorized search of any vehicle parked on the curtilage. Even if it hadn’t, the normal rule is that they can. Price v. State, 2019 Fla. App. LEXIS 12220 (Fla. 4th DCA Aug. 8, 2019).*
There was probable cause shown for issuance of the search warrant for defendant’s truck. State v. Scullin, 2019-Ohio-3186, 2019 Ohio App. LEXIS 3299 (8th Dist. Aug. 8, 2019).*
This second recusal motion looks like defendant is just trying to get rehearing of the denial of his motion to suppress in front of a different judge, and it’s denied. United States v. Williamson, 2019 U.S. Dist. LEXIS 133111 (D. Kan. Aug. 8, 2019).
The stop was prolonged with reasonable suspicion on the totality. Part of it was six month old information of drug trafficking, but, coupled with what they were seeing, that tended to show a potential pattern. United States v. Thompson, 2019 U.S. App. LEXIS 23665 (5th Cir. Aug. 8, 2019).*
Fourth Amendment false imprisonment claim accrues when arraigned. This was filed six years later, and the statute of limitations is two. Wilson v. Reid, 2019 U.S. App. LEXIS 23667 (10th Cir. Aug. 8, 2019).*
Allowing defendant’s vehicle to be taken by another instead of impounding it was within the officer’s discretion. At first he said he would do that, then changed his mind. That doesn’t make the inventory unreasonable. United States v. Sibert, 2019 U.S. App. LEXIS 23686 (11th Cir. Aug. 8, 2019).*
The search warrant for defendant’s house and computers was issued with probable cause and was particular. Somebody had seen it. United States v. Chiu, 2019 U.S. Dist. LEXIS 133180 (D. Mass. Aug. 8, 2019).*
Past reliability of the CI with corroboration was probable cause here. United States v. Keeling, 2019 U.S. App. LEXIS 23677 (6th Cir. Aug. 8, 2019).*
In a felon in possession case, there was a prior illegal search by state troopers. ATF picked up the case immediately and applied for a search warrant that included the information from the illegal search, and there was independent evidence for probable cause. United States v. Kuzmin, 2019 U.S. App. LEXIS 23704 (9th Cir. Aug. 8, 2019).*
The officer could order defendant out of the car on a traffic stop. The officer could see a firearm sticking out from under the seat in plain view. United States v. Jenkins, 2019 U.S. App. LEXIS 23706 (9th Cir. Aug. 8, 2019).*
The stop was extended in part because the officer had to manually entered insurance information into the police car’s computer. Thus, the stop was not extended unreasonably [20 minutes? Court erroneously applies the de minimus standard rejected in Rodriguez.] United States v. Gholston, 2019 U.S. Dist. LEXIS 133333 (C.D. Ill. Aug. 8, 2019).*
Vice: These Legit-Looking iPhone Lightning Cables Will Hijack Your Computer by Joseph Cox:
It looks like an Apple lightning cable. It works like an Apple lightning cable. But it will give an attacker a way to remotely tap into your computer.
Defendant was accused of a murder. The state got a search warrant for the victim’s Instagram account, and he moved to suppress. [Remember, Louisiana gives broad standing, but, still] He has no reasonable expectation of privacy in the place searched. State v. Johnson, 2019 La. App. LEXIS 1389 (La. App. 4 Cir. Aug. 7, 2019).
When the car defendant was in was stopped, the officer recognized him as a guy suspected of theft of two firearms the day before. Therefore, a frisk was proper. United States v. Harvey, 2019 U.S. Dist. LEXIS 133661 (W.D. Mo. July 19, 2019).*
The affidavit for seizure of a child by protective services was allegedly defective. Adding in the omitted information still shows probable cause, and the defendants get qualified immunity. Marks v. Hudson, 2019 U.S. App. LEXIS 23716 (5th Cir. Aug. 8, 2019).*
WSJ: When battlefield surveillance comes to your town by Christopher Mims:
All-seeing 24/7 video surveillance technology, first developed for use in war, is now affordable enough to be used domestically to fight crime and terrorism. Some lawmakers are wary.
The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns were present at the time Javat’s messenger bag was searched. Nor did any other compelling reason or other exigency exist which would justify bypassing the warrant requirement.” It also cannot be sustained under the community caretaking exception. United States v. Javat, 2019 U.S. Dist. LEXIS 133453 (S.D. Fla. Aug. 8, 2019).
Defendant’s plea agreement waived any claim to the firearms involved in his case, so he’s not entitled to return under Rule 41(g) because they were forfeited. He attempted transfer to his son. Wilhelm v. United States, 2019 U.S. Dist. LEXIS 134316 (E.D. Mo. Aug. 9, 2019).*
On a traffic stop, the officer seeing a meth pipe in the back seat was plain view and probable cause. United States v. Rogers, 2019 U.S. Dist. LEXIS 133754 (D. Neb. July 5, 2019),* adopted, 2019 U.S. Dist. LEXIS 132405 (D. Neb. Aug. 5, 2019).*
Defendant’s property had been searched in September 2017. Information from that made it to a search warrant issued in October 2018, and it wasn’t stale because of the ongoing nature of the facts. United States v. Harmon, 2019 U.S. Dist. LEXIS 131953 (E.D. Pa. Aug. 7, 2019).*
Defendant challenges the probable cause for the stop and then search of his car based on a CI. The court finds that the dog alert was justified and that’s enough, no matter what. State v. Delapp, 2019 Mo. App. LEXIS 1193 (Aug. 7, 2019).*
The city couldn’t be sued because of immunity for a passenger who was seized with the car, and obviously not free to leave, decided to jump in the driver’s seat and took off, crashing into plaintiff. Townsend v. Anderson, 2019 IL App (1st) 180771, 2019 Ill. App. LEXIS 636 (Aug. 7, 2019).*
Defendant was suspected for years of distributing malware on his computer. The government included in the search warrant application information that was three years old. Because it was an ongoing international enterprise, the information in the search warrant wasn’t stale. United States v. McCormick, 2019 U.S. Dist. LEXIS 132040 (D.D.C. Aug. 7, 2019) (defendant’s online name was “fubar”).
Defendant gets a two level USSG obstruction enhancement for sending a page of his discovery, a DEA report about execution of a search warrant, to a witness, apparently with the purpose to intimidate. United States v. Douglas, 2019 U.S. App. LEXIS 23551 (11th Cir. Aug. 7, 2019).*
Petitioner’s IAC claim against defense counsel for not pursuing a Fourth Amendment claim was properly denied for lack of standing on the merits. Virgil v. Sec’y, Dept. of Corrections, 2019 U.S. App. LEXIS 23777 (11th Cir. Aug. 8, 2019).*
Defendant’s search claim was known before trial and waived. Onyelobi v. State, 2019 Minn. LEXIS 433 (Aug. 7, 2019).*
Defendant’s Carpenter claim in a new trial motion is denied. Carpenter was four months after trial, and the evidence was admissible under the good faith exception. United States v. Brown, 2019 U.S. Dist. LEXIS 131958 (C.D. Cal. Aug. 5, 2019).*
Defendant’s “furtive movement” in the car while talking to the police officer outside the car wasn’t significant enough in the testimony to show that he was secreting something or moving around a weapon. There thus was no objective basis for the frisk. Thornton v. State, 2019 Md. LEXIS 383 (Aug. 7, 2019):
Continue reading
Plaintiffs stated Art. III standing to bring a class action against Facebook for violation of the Illinois Biometric Information Privacy Act. Patel v. Facebook, Inc., 2019 U.S. App. LEXIS 23673 (9th Cir. Aug. 8, 2019).* Summary by the court:
Continue reading
