NC: Def’s consensual return to scene of search warrant didn’t violate Bailey

Officers investigating a sex offense had plenty of reasonable cause for a search warrant. Officers were watching the house and stopped defendant after he left and they got him to return to the place of the search in his own car with a detective riding with him. He wasn’t arrested or searched based on that, and the stop didn’t violate Bailey or the Fourth Amendment. State v. Pole, 2018 N.C. App. LEXIS 1005 (Oct. 2, 2018) (unpublished):
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WaPo: Opinion: The tech industry is suddenly pushing for federal privacy legislation. Watch out.

WaPo: Opinion: The tech industry is suddenly pushing for federal privacy legislation. Watch out. by Neema Singh Guliani:

We should be highly skeptical of any proposal that would wipe out existing privacy laws that protect consumers or foreclose states from acting to address future privacy threats. Such preemption from Congress would be a win for business interests at the expense of the public.

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NYLJ: NYPD Cop Beaten by Fellow Officers During 911 Call Gains $8M Judgment

NYLJ: NYPD Cop Beaten by Fellow Officers During 911 Call Gains $8M Judgment by Andrew Denney:

A federal judge has signed off on an $8 million judgment in favor of a New York City police officer who was brutally beaten both inside and outside his own home while he was off duty by group of fellow officers who responded to a 911 call.

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EFF: New York City Home-Sharing Ordinance Could Create Privacy Nightmare

EFF: New York City Home-Sharing Ordinance Could Create Privacy Nightmare by Rebecca Jeschke:

Many cities across the country are struggling with issues surrounding short-term vacation rentals and how they affect the availability and price of housing for local residents. However, New York City’s latest ordinance aimed at regulating home-sharing platforms is an extraordinary governmental overreach with invasive privacy ramifications, and EFF is fighting back.

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Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino

Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino by Valarie Kipnis:
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CA11: Not calling def at suppression hearing was [a founded] strategy decision

Defense counsel’s decision not to call the defendant or other witnesses at a suppression hearing was a strategy decision not subject to second guessing except in extraordinary circumstances. Defense counsel concluded they lacked credibility. Here, defendant testified at trial to distance himself from the drugs found with an anticipatory warrant and the house where they were found. The trial judge also found that he perjured himself during trial testimony. Also, defendant lacked standing in the house and thus cannot show prejudice. Campbell v. United States, 2018 U.S. App. LEXIS 27923 (11th Cir. Oct. 2, 2018), vacating Campbell v. United States, 891 F.3d 940 (11th Cir. 2018) (same result):
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OH8: State had to argue plain view to trial court to argue it on appeal

The state’s plain view argument wasn’t pressed in the trial court, so it can’t be a basis for appeal. Even on the merits, the state loses because the stop was invalid, and the detention unreasonable all before the alleged plain view. State v. McQueen, 2018-Ohio-3996, 2018 Ohio App. LEXIS 4323 (8th Dist. Oct. 1, 2018).

Late disclosure of a jail call didn’t prejudice the defendant in light of the overwhelming proof at trial. State v. Cummings, 2018-Ohio-3993, 2018 Ohio App. LEXIS 4322 (8th Dist. Oct. 1, 2018).*

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CA5: IP information “falls comfortably within the scope of the third-party doctrine” after Carpenter; no comparison to CSLI

Whatever the status of the third-party doctrine after Carpenter, nothing would change as to subpoenaing IP address information in a child pornography case. “The information at issue here falls comfortably within the scope of the third-party doctrine.” United States v. Contreras, 2018 U.S. App. LEXIS 27795 (5th Cir. Oct. 1, 2018):
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AZ: Exclusion not a remedy for violation of implied consent law

Exclusion of evidence for violation of the implied consent statute is not provided for by the statute nor required by the constitution. Soza v. Marner, 2018 Ariz. App. LEXIS 157 (Oct. 2, 2018):
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Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did

Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did by Cyrus Farivar:

Child-porn case in Ohio reveals how some law enforcement are trying to thwart Face ID.

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Above the Law: Colonists Had More Protections From Unreasonable Government Searches Than We Do Now

Above the Law: Colonists Had More Protections From Unreasonable Government Searches Than We Do Now by Tyler Broker

Blame the modern drug war and its erosion of Fourth Amendment guarantees.

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MA: Delay in searching cell phones lawfully seized wasn’t unreasonable

There was evidence defendants coordinated their actions while in separate cars, and that provided a strong inference they were in communication by cell phone, thus providing probable cause to search them. Police promptly seized the phones and then obtained search warrants for the phones. They did, however, take a long time to get around to it. This was not unreasonable because the phones were lawfully already in police custody and would stay there until the trial, so no further privacy interest of the defendants was impinged upon. Commonwealth v. Arthur, 2018 Mass. App. LEXIS 133 (Oct. 1, 2018).

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