Reporters Committee for Freedom of the Press: Microsoft advances on challenge to search warrant gag orders

Reporters Committee for Freedom of the Press: Microsoft advances on challenge to search warrant gag orders by Selina MacLaren :
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Simple Justice blog: Kopf’s Top Ten Observations About Criminal Defense Lawyers

Kopf’s Top Ten Observations About Criminal Defense Lawyers by Richard G. Kopf, Senior United States District Judge (Nebraska):

10. Criminal defense lawyers are at great risk of becoming drunken bastards—the stress is beyond description.

9. Being a good criminal defense lawyer requires sincerity whereas being a great criminal defense lawyer requires the ability to fake it.

8. When it comes to convincing a client to accept a guilty plea because it is in the manifest best interests of the client, a criminal defense lawyer must become a client whisperer.

7. When it comes to convincing a client to reject a plea offer and take the case to a jury, a criminal defense lawyer (regardless of gender) must possess balls of steel.

6. Real criminal defense lawyers don’t hate prosecutors, but they don’t trust them either.

5. Criminal defense lawyers know that the federal trial judge is never their friend, but the judge is seldom their enemy.

4. A tiny fraction of people who have law degrees have the ability to become even mediocre criminal defense lawyers.

3. If you became a criminal defense lawyer because you like Rolex watches, then you are an asshole.

2. You must have a big ego to become a decent criminal defense lawyer but you must not be an egotist—it is never, ever about you.

1. Real criminal defense lawyers represent clients and not causes.

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M.D.Fla.: Owner of housing rental units has no REP in the property during a tenancy from housing inspection

A housing rental partnership has standing to sue under the Fourth Amendment for rental inspection under a city ordinance because of collateral consequences to them. The inspections only occur when they are rented. The complaint fails on the merits, however, because the renter lacks a reasonable expectation of privacy in the property when it is occupied by a tenant. Lea Family Partnership Ltd. v. City of Temple Terrace, 2017 U.S. Dist. LEXIS 46408 (M.D. Fla. March 29, 2017):
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Security Info Watch: Proliferation of smart home tech creates privacy conundrum

Security Info Watch: Proliferation of smart home tech creates privacy conundrum by Adrienne Ehrhardt:
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MD: Determining “Miranda custody” is an objective inquiry based on the totality of circumstances

Determining “Miranda custody” is an objective inquiry based on the totality of circumstances. Brown v. State, 2017 Md. LEXIS 154 (March 27, 2017):
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MO: Using software to sort through publicly available information does not violate any REP

The use of software to sort through publicly available information does not violate any reasonable expectation of privacy. Shumate v. State, 2017 Mo. App. LEXIS 227 (March 28, 2017).*

Playpen warrant sustained. United States v. Gaver, 2017 U.S. Dist. LEXIS 44757 (S.D. Ohio March 27, 2017);* United States v. Schuster, 2017 U.S. Dist. LEXIS 45674 (S.D. Ohio March 28, 2017).*

“The Court finds that, under the ‘totality of the circumstances, including reasonable inferences,’ Agent Palmore’s affidavit established a ‘fair probability’ that evidence of the fraudulent scheme would be located in the milestrust email account.” United States v. Miles, 2017 U.S. Dist. LEXIS 44862 (N.D. Cal. March 27, 2017).*

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IN: Def handing CI a package risked CI handing it to police

The government’s CI was handling the package with drugs for the defendant to ship it, and he could consent to searching it. Erickson v. State, 2017 Ind. App. LEXIS 140 (March 29, 2017).

The CI’s information was against his self interest. Yes, he had a motive to lie, but if he did it would have been to his own detriment in resolving his own case. Therefore, there was enough to credit for probable cause for the warrant. There was misleading conclusory information in there, but excluding it still leaves probable cause. State v. Kadri, 2017 Ohio App. LEXIS 1125 (5th Dist. Feb. 1, 2017).*

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WaPo: Congress’s vote to eviscerate Internet privacy could give the FBI massive power

WaPo: Congress’s vote to eviscerate Internet privacy could give the FBI massive power by Paul Ohm:

Many are outraged about congressional efforts to eviscerate Internet privacy regulations set by the Federal Communications Commission under President Barack Obama. But a frightening aspect to the bill remains underappreciated: If signed, it could result in the greatest legislative expansion of the FBI’s surveillance power since 2001’s Patriot Act.

Don’t believe anyone who suggests that the law merely returns us to the state of the world before the FCC finalized its landmark privacy rules in October. The obvious reason Internet service providers burned through time, money, political capital and customer goodwill to push for this law was to ask for a green light to engage in significantly more user surveillance than they had ever before had the audacity to try.

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WaPo: ‘Wonkblog’: Since 2007, the DEA has taken $3.2 billion in cash from people not charged with a crime

WaPo: ‘Wonkblog’: Since 2007, the DEA has taken $3.2 billion in cash from people not charged with a crime by Christopher Ingraham:

The Drug Enforcement Administration takes billions of dollars in cash from people who are never charged with criminal activity, according to a report issued today by the Justice Department’s Inspector General.

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D.Ariz.: State criminal case remedy doesn’t preclude injunctive relief against unlawful arrests

In an injunctive relief action against former Sheriff Arpaio over state enforcement of federal immigration laws, the court considers the factors for injunctive relief, and concludes that having state Fourth Amendment remedies doesn’t undo irreparable harm. Puente Arizona v. Arpaio, 2017 U.S. Dist. LEXIS 44517 (D. Ariz. March 24, 2017) (see Treatise § 64.18 on injunctions):
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NACDL: New Report Offers Guide for Defense Attorneys to Challenge Secretive Government Hacking

NACDL: New Report Offers Guide for Defense Attorneys to Challenge Secretive Government Hacking:

Washington, DC (Mar. 30, 2017) — A report released today sets out key legal arguments and strategies for challenging evidence seized by government-installed computer malware as a violation of the Fourth Amendment and federal law.
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ATL: Liberal Silence Tramples The Fourth Amendment

ATL: Liberal Silence Tramples The Fourth Amendment by Kayleigh McEnany:

This week liberals have displayed their willingness to play politics with our constitutional rights. It is wrong. It is unfortunate. And most of all, it is dangerous.
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MD: Odor of MJ from car alone doesn’t provide RS for a frisk for weapons

The odor of marijuana alone doesn’t provide reasonable suspicion for a frisk for weapons. Norman v. State, 2017 Md. LEXIS 153 (March 27, 2017):
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FL4: REP in a vehicle’s black box, and a SW required to access it

There is a reasonable expectation of privacy in information held in a vehicle’s black box, and a search warrant is required to access it. State v. Worsham, 2017 Fla. App. LEXIS 4162 (Fla. 4th DCA March 29, 2017):
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Buzzfeed: FBI Agents Posed As Filmmakers To Interview Armed Militia In A Dramatic Standoff

Buzzfeed: FBI Agents Posed As Filmmakers To Interview Armed Militia In A Dramatic Standoff by Salvador Hernandez:

FBI agents posed as documentary filmmakers to talk to militia members during an armed standoff in the Nevada desert, then used the recorded interviews against two men now on trial in federal court.

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WSJ: With Trump, Police Hope to Deploy Military Gear Banned Under Obama

WSJ: With Trump, Police Hope to Deploy Military Gear Banned Under Obama by Zusha Elinson and Beth Reinhard:
They also sense receptivity to tougher laws on violence against officers; “What a difference six months makes.”
Keep the people in place with an occupying army. Tanks instead of police cars.

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OH5: Helicopter flyover discovery of MJ plants didn’t justify warrantless entry into curtilage; open fields search valid

The helicopter flyover of defendant’s property gave probable cause but no exception to the warrant requirement. The officers could enter up the driveway, and then consent to enter was given. The marijuana plants in the woods were in open fields. State v. Woolley, 2017 Ohio App. LEXIS 1114 (5th Dist. Jan. 30, 2017):
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OH12: Shoplifting arrest supported search incident of def’s backpack

Defendant was arrested outside a store for shoplifting a belt and hat he wore out of the store. The backpack he was wearing was subject to search incident under Gant when he was arrested. State v. Whipple, 2017-Ohio-1094, 2017 Ohio App. LEXIS 1077 (12th Dist. March 27, 2017).

The officer had reasonable suspicion for encountering defendant at a gas station where he was parked getting gas. His DL was suspended, and he was first inside and came out to the car where there was a passenger in the car. He said the passenger was driving off from there. That was reasonable suspicion that he’d driven there under suspicion. The reasonable suspicion supported the delay for the dog sniff. State v. Crouse, 2017-Ohio-1097, 2017 Ohio App. LEXIS 1081 (5th Dist. March 24, 2017).*

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NYTimes: Republicans Attack Internet Privacy

NYTimes: Republicans Attack Internet Privacy (Editorial):

Republicans just made clear how little they care about protecting the privacy of Americans by letting companies like Verizon and Comcast sell advertisers the internet browsing histories and other personal data of their customers without getting permission. The move could bolster the profits of the telecommunications industry by billions of dollars.

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OH4: Isolated unsolicited comment def refused to consent to search was not error and was harmless error at best

An isolated comment volunteered by a witness that defendant refused to consent to a search that was never mentioned again wasn’t error. Even so, the evidence of guilt was overwhelming so it’s harmless. State v. Angus, 2017-Ohio-1100, 2017 Ohio App. LEXIS 1083 (4th Dist. March 21, 2017).

Defense counsel wasn’t ineffective for not filing a motion to suppress where the codefendant lost on the same issue. “With the above in mind, we hold that, even if appellant’s trial counsel should have filed a motion to suppress evidence, appellant has failed to demonstrate a reasonable probability that the motion would have been granted.” State v. David, 2017-Ohio-1102, 2017 Ohio App. LEXIS 1085 (11th Dist.March 27, 2017) (2-1).*

Defendant’s guilty plea waived his suppression issue. He claimed the search warrant didn’t authorize seizure of firearms, but it specifically did. United States v. Foster, 2016 U.S. Dist. LEXIS 185382 (M.D. Fla. Nov. 14, 2016).*

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