Casino.org: Gaming Venues May Scrutinize Biometric and Facial Monitoring of Patrons as Privacy Laws Enacted by Ed Silverstein:
Casinos could increasingly become part of a national debate on how to regulate and use biometric surveillance and related high-tech methods of data collection on gaming patrons.
Defendant failed to satisfy his pleading burden under Franks about the omission of “several seemingly irrelevant details excluded from the affidavit” for which materiality isn’t attempted to be shown. United States v. Shaffer, 2019 U.S. App. LEXIS 20200 (6th Cir. July 8, 2019).
The stop was valid based on the officer’s observation that the windshield was cracked from one side to the other. United States v. Hackett, 2019 U.S. Dist. LEXIS 111735 (D. Mont. June 5, 2019).*
Typo on a search warrant that it had to be executed the same day it was issued could be overlooked. It was issued mid-afternoon; it clearly didn’t require that the probable cause would cease to exist at 11:59 pm that same day. United States v. Wygant, 2019 U.S. Dist. LEXIS 112167 (W.D. Pa. July 8, 2019).
Defendant was followed for no apparent reason, but one wasn’t needed. The registration was expired so the car was stopped. While working on that, a drug dog was called, arrived, and alerted before the registration issue was resolved. Therefore, the dog sniff didn’t extend the stop. United States v. Betancourt, 2019 U.S. Dist. LEXIS 112302 (S.D. Ohio July 8, 2019).*
Virginia Gazette: Police department searches of social media, cellphone data increasingly common by Steve Roberts Jr:
According to a Virginia Gazette analysis of 511 search warrants digitized and filed in the Williamsburg-James City County Circuit Court since 2011, there has been a dramatic rise in the number of warrants issued to cell phone and internet service providers as well as big technology companies such as Google and Facebook.
Kansas City Star: Missouri House committee to hold hearings on racial profiling in police traffic stops by Robert A. Cronkleton:
After a recent state report showed that, more than ever, black drivers in Missouri are more likely than whites to be pulled over by police, a Missouri House special committee will hold public hearings on the issue in Kansas City and St. Louis County.
SierraWave.net: Inyo County, Bishop Paiute Tribe Reach Settlement:
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ATL: The Difference Between Bryan Carmody And Julian Assange by Tyler Broker:
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Forbes: Apple Publicly Trolls Google Over Controversial Smart City Surveillance Plans by Zak Doffman:
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NYTimes: How to Protect Your Digital Privacy by Thorin Klosowski:
By making a few simple changes to your devices and accounts, you can maintain security against outside parties’ unwanted attempts to access your data as well as protect your privacy from those you don’t consent to sharing your information with. Getting started is easy. Here’s a guide to the few simple changes you can make to protect yourself and your information online.
NYTimes: As Cameras Track Detroit’s Residents, a Debate Ensues Over Racial Bias by Amy Harmon:
Studies have shown that facial recognition software can return more false matches for African-Americans than for white people, a sign of what experts call “algorithmic bias.”
Reason: Is Facial Recognition the New Fingerprinting—or Something Much Worse? by Ronald Bailey:
State DMVs are building a vast national digital identification database for federal law enforcement.
Defendant rented a hotel room and apparently was smoking marijuana in the room, and the neighboring renters complained. The hotel manager called the police to help evict, but no one came to the door. They went back to the front desk and the manager came back and unlocked the room. They did a protective sweep and no one was there. The officers went back to the office and the manager collected the things in the room. Drugs were found in the refrigerator. Defendant, having been lawfully evicted, lost his reasonable expectation of privacy in the room. United States v. Powell, 2019 U.S. Dist. LEXIS 112678 (E.D. Ky. June 21, 2019), adopted, 2019 U.S. Dist. LEXIS 113262 (E.D. Ky. July 9, 2019).
Defendant’s 2255 claim defense counsel was ineffective for not pursuing a motion to suppress is belied by the record. Defendant chose the favorable plea agreement over the uncertainty of a suppression hearing. Hamm v. United States, 2019 U.S. Dist. LEXIS 112057 (S.D. Ga. June 14, 2019)*
WaPo: DMV databases become part of unprecedented surveillance infrastructure by Drew Harwell:
The FBI and ICE have turned state driver’s license databases into a facial-recognition gold mine, scanning through hundreds of millions of Americans’ photos without their knowledge or consent, newly released documents show.
Random suspicionless drug testing of any probationer (even those from nondrug cases), satisfied the Fourth Amendment and state constitution under special needs. State v. Hinnenkamp, 2019 Kan. App. LEXIS 44 (July 5, 2019):
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The Hill: Cities lead crackdown on facial recognition tech by Emily Birnbaum:
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There is no reasonable expectation of privacy in jail calls to nonlawyers. The government didn’t show that defendants could even understand the warning in English on the phone, but it doesn’t matter. United States v. Reyes-Canales, 2019 U.S. Dist. LEXIS 111846 (D. Md. July 2, 2019).
The arrest warrant was issued on probable cause. Even if it wasn’t, there was good faith reliance on it which permits the search incident. The search warrant for his social media account and iPhone were issued on plenty of probable cause. His Franks challenge fails for lack of materiality. United States v. Parks, 2019 U.S. Dist. LEXIS 111121 (D. Md. July 3, 2019).*
Defendant was unresponsive in a parked car with the engine running. “The officer’s knocking on Bridgeford’s vehicle window was within the scope of the officer’s community caretaking function. Because the officer was acting within his role as a community caretaker, the officer’s knocking on the window was not an impermissible trespass on Bridgeford’s property and was not an attempt to gather information which required a warrant.” Bridgeford v. Sorel, 2019 ND 153, 2019 N.D. LEXIS 163 (June 27, 2019).
The dog arrived at the traffic stop within minutes and the dog sniff was completed before the paperwork check was completed. The dog’s alert wasn’t shown on the video, but the officer testified the dog did, and that’s what the court finds. United States v. Turner, 2019 U.S. Dist. LEXIS 111162 (D. Me. July 3, 2019).*
The American Conservative: Mayor Pete Buttigieg’s Friendly Police Fantasy by James Bovard:
Better relations will only come when we repeal the legions of laws empowering cops to unjustifiably accost peaceful citizens.
You may not agree, but the author has valid points to make. He is the author of 1994’s Lost Rights, a really good book.
TechCrunch: Amazon responds to a US senator’s inquiry, confirms Alexa voice records are kept indefinitely by Sarah Perez:
Amazon has responded to a letter of inquiry it received from U.S. Senator Chris Coons (D-DE) that asks the company to detail what happens to customers’ Alexa voice records and data after they speak to their virtual assistant. The Senator’s letter was prompted by a CNET investigation in May, which found that Amazon keeps voice records unless users manually delete them — and that it may keep text transcripts of those voice recordings indefinitely.
Remember these subpoenas?
ABC News: NH (2018): Judge orders Amazon to hand over Echo recordings in double murder case
Business Insider: AR (2017): Amazon handed over Alexa recordings to the police in a murder case. That case got dropped because the state depended on that evidence. Arkansas Prosecutors Drop Murder Case That Hinged On Evidence From Amazon Echo
And this piece? Bloomberg Opinion: The Future Will Be Recorded, on Your Smart Speaker (“We should welcome Amazon’s plans for Alexa to listen to more of what we say.”).
The government obtained a search warrant for defendant’s computer for 18 U.S.C. § 1960 and for operating an unlicensed Bitcoin exchange service. During the search, the officer found an image of child pornography. He stopped the search and applied for a search warrant. The affidavit and search warrant and search are valid, but the court goes on at length about the necessity of comprehensive ex ante review of search warrant materials in computer search cases to avoid oversearches. United States v. Stetkiw, 2019 U.S. Dist. LEXIS 111216 (E.D. Mich. July 3, 2019):
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