E.D.Cal.: Def failed to even attempt to show REP in driveway as curtilage for pre-Jones GPS installation

Posted on March 11, 2015 by Hall

GPS trackers were placed on two cars in codefendant’s driveway in 2009 (pre-Jones). The defense doesn’t show enough about the driveway and a reasonable expectation of privacy in it to conclude that there was a violation of curtilage here. United States v. Arceo-Rangel, 2015 U.S. Dist. LEXIS 28630 (E.D.Cal. March 6, 2015):
Continue reading →

Posted in Burden of proof, Curtilage, Exclusionary rule, GPS / Tracking Data | Comments Off on E.D.Cal.: Def failed to even attempt to show REP in driveway as curtilage for pre-Jones GPS installation

Beaufort Observer: How Osama Ben Laden repealed the Fourth Amendment

Posted on March 11, 2015 by Hall

Beaufort Observer: How Osama Ben Laden repealed the Fourth Amendment:

For most of America’s history the law in our nation held that the people were protected in their persons, houses, papers and effects from unreasonable search and seizure held that if a person had a reasonable expectation of privacy then the government must have a search warrant to search for or seize such private information. To get a warrant the government official must present, under oath, to a judicial official sufficient probable cause for a reasonable person to believe a crime had been or was being committed. Then came 9-11.

Posted in Uncategorized | Comments Off on Beaufort Observer: How Osama Ben Laden repealed the Fourth Amendment

E.D.Mich.: Where parole search required RS, anonymous tip consistent with other violation information was enough

Posted on March 11, 2015 by Hall

A parole search under Michigan law only requires reasonable suspicion. An anonymous tip in the past has been held not enough. Here, however, the anonymous telephone tip was consistent with some of defendant’s parole violations, so here it’s enough. United States v. Noel, 2015 U.S. Dist. LEXIS 28067 (E.D. Mich. March 9, 2015).

Defendant accused of rape and gross sexual imposition on three boys. Two caught herpes. The search warrant for his blood alleged that he had been treated for herpes symptoms in custody and that was allegedly false. Whether it is or not doesn’t matter because omitting that paragraph from the affidavit still leaves probable cause to believe he was the transmission source. State v. Richardson, 2015-Ohio-824, 2015 Ohio App. LEXIS 795 (12th Dist. March 9, 2015).*

A probation search for a meth lab was justified. One of the tips was anonymous, but others weren’t and he preconsented to the search. State v. Vaughn, 2015-Ohio-828, 2015 Ohio App. LEXIS 794 (12th Dist. March 9, 2015).*

Posted in Franks doctrine, Informant hearsay, Probation / Parole search | Comments Off on E.D.Mich.: Where parole search required RS, anonymous tip consistent with other violation information was enough

Columbia Journalism Review: With more police wearing cameras, the fight over footage has begun in Florida

Posted on March 10, 2015 by Hall

Columbia Journalism Review: With more police wearing cameras, the fight over footage has begun in Florida By Susannah Nesmith:

As more police departments equip their officers with body-worn cameras, the question of who gets access to that footage-and at what cost-is fast becoming a new frontier in open-records policy.

Posted in Surveillance technology | Comments Off on Columbia Journalism Review: With more police wearing cameras, the fight over footage has begun in Florida

The Hill: Revealed: CIA spent a decade trying to hack iPhones, iPads

Posted on March 10, 2015 by Hall

The Hill: Revealed: CIA spent a decade trying to hack iPhones, iPads by Elise Viebeck:

Researchers working with the Central Intelligence Agency (CIA) have spent nearly a decade trying to crack the security of iPhones and iPads, according to newly released documents obtained by former NSA contractor Edward Snowden.

The previously unknown CIA effort appears focused on gaining access to user data on mobile phones and tablets around the world, as well as introducing backdoors to monitor devices at will.

Posted in Surveillance technology | Comments Off on The Hill: Revealed: CIA spent a decade trying to hack iPhones, iPads

LA1: Court order for prescription records issued without probable cause violates right of privacy, federal and state

Posted on March 10, 2015 by Hall

Court order for prescription records issued without probable cause violates right of privacy, as recognized by federal courts. Also, state’s constitution grants more protection. State v. Pounds, 2015 La. App. LEXIS 485 (La.App. 1 Cir. March 9, 2015):
Continue reading →

Posted in Reasonable expectation of privacy | Comments Off on LA1: Court order for prescription records issued without probable cause violates right of privacy, federal and state

The Monitor Daily: Wikimedia Files Lawsuit Against NSA Surveillance

Posted on March 10, 2015 by Hall

The Monitor Daily: Wikimedia Files Lawsuit Against NSA Surveillance by Matthew Riley:

Wikimedia Foundation will sue the National Security Agency and the U.S. Department of Justice, in a legal confrontation against the government’s mass surveillance program.

CNET: Wikipedia parent sues NSA, DOJ over ‘upstream’ surveillance.

Posted in National security | Comments Off on The Monitor Daily: Wikimedia Files Lawsuit Against NSA Surveillance

EFF: Violating an Employer’s Computer Use Restriction Is Not a Federal Crime

Posted on March 10, 2015 by Hall

EFF: Violating an Employer’s Computer Use Restriction Is Not a Federal Crime by Hanni Fakhoury and Jamie Williams
Continue reading →

Posted in Uncategorized | Comments Off on EFF: Violating an Employer’s Computer Use Restriction Is Not a Federal Crime

KS: Social guest has standing in curtilage, not following N.D.Okla

Posted on March 9, 2015 by Hall

Curtilage is defined by either or both the Dunn factors and Jardines. Here, the residential property was fairly large, and the backyard was found to be curtilage in the trial court but the court of appeals disagreed in an unpublished opinion. The district court applied Dunn because Jardines had not yet been decided. The court finally held that a social guest has standing in the curtilage the same as the host, rejecting United States v. Owen, No. 14-CR-0162-CVE, 2014 WL 6750647, at *4-5 (N.D. Okla. 2014) (social guest has no standing in curtilage). State v. Talkington, 2015 Kan. LEXIS 167 (March 6, 2015):
Continue reading →

Posted in Curtilage, Standing | Comments Off on KS: Social guest has standing in curtilage, not following N.D.Okla

D.P.R.: Gov’t showed need for hair, blood, saliva, and prints in murder case

Posted on March 9, 2015 by Hall

Defendants were indicted for a federal murder in Puerto Rico. The government seeks “hair, blood, fingerprint, palm prints, and saliva samples for analysis and comparison.” The probable cause standard is met by the indictment, and the government has shown a need for production, so the motion is granted. United States v. Villaba, 2015 U.S. Dist. LEXIS 27840 (D.P.R. March 6, 2015).

Officers came with an arrest warrant at defendant’s house for tax fraud, and she was cooperative. She consented to a records search of her home and work. “Viewing the totality of the circumstances in this case, the undersigned finds that the Government has met its burden of proving that Hinojosa voluntarily consented to the warrantless searches of her residence and business, Linda’s Tax Service, and therefore, any evidence seized by law enforcement agents during those searches need not be suppressed.” United States v. Hinojosa, 2015 U.S. Dist. LEXIS 27565 (N.D.Ga. February 2, 2015).*

Posted in Uncategorized | Comments Off on D.P.R.: Gov’t showed need for hair, blood, saliva, and prints in murder case

W.D.Ky.: “Logical inferences cannot constitute false or misleading statements” for Franks purposes

Posted on March 8, 2015 by Hall

Based on a jail call that confederates were “‘moving their stuff’ to the ‘new place’” it was a logical inference it was the place named in the search warrant. Defendant’s Franks challenge that the inference isn’t supportable fails. “Logical inferences cannot constitute false or misleading statements” for Franks purposes. United States v. Nguyen, 2015 U.S. Dist. LEXIS 27557 (W.D.Ky. March 6, 2015), R&R 2014 U.S. Dist. LEXIS 182631 (W.D.Ky. November 21, 2014):
Continue reading →

Posted in Franks doctrine | Comments Off on W.D.Ky.: “Logical inferences cannot constitute false or misleading statements” for Franks purposes

IL: Stop in vicinity of home invasion 3½ hrs after it happened was with reasonable suspicion

Posted on March 8, 2015 by Hall

Defendant’s stop 3½ hours after and in the vicinity of a home invasion robbery that occurred at 12:30 am was with reasonable suspicion under Terry. Officers had a missing suspect in the robbery and canvassed the area. They “loosened up” the canvas in the hopes that the suspect would come out of hiding. In the hours after the robbery, defendant was the only person to appear in the area. He was close to the description as to clothing, but not exact, and a few blocks away, and the officers suspected he might have discarded outerwear to change his appearance. His story was that he was coming from a friend’s house, but the cuffs of his pants were wet. It was dry that night, but officers walking through grass looking for the suspect also had wet pants cuffs from the dew. That made the officers believe he’d been hiding since the robbery, and that was reasonable suspicion. He was later ID’d. The stop was reasonable. People v. Lawson, 2015 IL App (1st) 120751, 2015 Ill. App. LEXIS 146 (March 6, 2015):
http://www.state.il.us/court/Opinions/AppellateCourt/2015/1stDistrict/1120751.pdf
Continue reading →

Posted in Reasonable suspicion | Comments Off on IL: Stop in vicinity of home invasion 3½ hrs after it happened was with reasonable suspicion

WaPo: Another day, another drug raid fatality

Posted on March 8, 2015 by Hall

WaPo: Another day, another drug raid fatality by Radley Balko:

Meet Derek Cruice, your latest collateral damage in the drug war:

A deputy shot and killed an unarmed man while attempting to serve a narcotics search warrant in Deltona, according to the Volusia County Sheriff’s Office.

Posted in Excessive force | Comments Off on WaPo: Another day, another drug raid fatality

Politico: A Letter From Black America; Yes, we fear the police. Here’s why.

Posted on March 7, 2015 by Hall

Politico: A Letter From Black America; Yes, we fear the police. Here’s why. by Nikole Hannah-Hones:
Continue reading →

Posted in Uncategorized | Comments Off on Politico: A Letter From Black America; Yes, we fear the police. Here’s why.

IA: Even though defendant acquitted of drug crime, the state gets to forfeit his cash seized at the time

Posted on March 7, 2015 by Hall

Defendant filed a motion to suppress a search and lost, but he was acquitted of the drug charge. The seizure of his cash in a separate action, however, was still subject to forfeiture. The stop was pretextual by a drug interdiction unit, but it was reasonable based on an equipment violation. Reasonable suspicion ultimately developed and the wait for the drug dog was minimal. The trial court held that the basis for forfeiture was proved by a preponderance of the evidence. The search being good, the forfeiture is affirmed. In the Matter of Property Seized From Parsee, 2015 Iowa App. LEXIS 196 (February 25, 2015). This case also has a good discussion of res judicata and collateral estoppel from the inability to appeal the suppression issue after the acquittal not barring relitigating the issue in the forfeiture.

Posted in Forfeiture | Comments Off on IA: Even though defendant acquitted of drug crime, the state gets to forfeit his cash seized at the time

NYTimes: Holder Weighs Dismantling the Ferguson Police Dept.

Posted on March 7, 2015 by Hall

NYTimes: Holder Weighs Dismantling the Ferguson Police Dept. by Julie Hirschfeld Davis and Richard Perez-Peña:

WASHINGTON — Attorney General Eric H. Holder Jr. vowed a firm response on Friday to what he called “appalling” racial misconduct by law enforcement officials in Ferguson, Mo., suggesting he was prepared to seek the dismantling of the police force there if necessary.

“We are prepared to use all the powers that we have, all the power that we have, to ensure that the situation changes there,” Mr. Holder told reporters here after returning from Columbia, S.C., where he appeared with President Obama at a town hall-style meeting at Benedict College. “That means everything from working with them to coming up with an entirely new structure.”

Posted in Police misconduct | Comments Off on NYTimes: Holder Weighs Dismantling the Ferguson Police Dept.

D.Minn.: Just arrested snitch was corroborated enough to be believable for PC purposes

Posted on March 7, 2015 by Hall

The CI was recently arrested in this investigation, and, while he had no track record, his tale was sufficiently corroborated by other information that had been developed to make him believable enough for probable cause. United States v. Arballo, 2015 U.S. Dist. LEXIS 27542 (D.Minn. February 6, 2015).

“We conclude that, because defendant was subject to arrest for DUII, and because the administration of the challenged FSTs was reasonable in time, scope, and intensity, the evidence of exigent circumstances in this case was sufficient to make the warrantless administration of those tests constitutionally permissible.” State v. Mazzola, 356 Ore. 803 (March 5, 2015) (under state constitution).*

Defendant pled guilty after losing his motion to suppress. Under Tennessee’s certified question of law for appeal process, defendant was told that the suppression issue was not dispositive of the appeal, so it can’t be IAC. Carter v. State, 2015 Tenn. Crim. App. LEXIS 147 (March 3, 2015).*

Posted in Drug or alcohol testing, Informant hearsay, State constitution | Tagged | Comments Off on D.Minn.: Just arrested snitch was corroborated enough to be believable for PC purposes

WA: Search incident of a locked box in a backpack unreasonable

Posted on March 7, 2015 by Hall

Defendant was arrested on outstanding warrants. He had a backpack on him that was searched incident to arrest that had knives attached outside which were “weapons” under the city code because of blade length. A combination locked box was inside and defendant refused to consent to a search. Fearing a potential weapon [but apparently without shaking the box], the officer pried the lid with a screwdriver and found heroin. The seizure of the heroin exceeded their authority and was unreasonable. State v. Vanness, 2015 Wash. App. LEXIS 471 (March 2, 2015):
Continue reading →

Posted in Search incident | Comments Off on WA: Search incident of a locked box in a backpack unreasonable

WI: Pre-Jardines dog sniff of house saved by GFE and “unsettled law”; is the Fourth Amendment always subservient to good faith?

Posted on March 7, 2015 by Hall

A pre-Jardines dog sniff of defendant’s door that led to a search warrant would not be suppressed because of “unsettled law” at the time of this search. [There were only a couple of reported cases.] The warrant application was vetted by the DA before it was presented to a judge. State v. Scull, 2015 WI 22, 2015 Wisc. LEXIS 24 (March 5, 2015), affg State v. Scull, 2014 WI App 17, 352 Wis. 2d 733, 843 N.W.2d 859 (2014) (posted here): Continue reading →

Posted in Dog sniff, Good faith exception | Comments Off on WI: Pre-Jardines dog sniff of house saved by GFE and “unsettled law”; is the Fourth Amendment always subservient to good faith?

WA: Leaving cell phone fleeing from a stolen car was abandonment; no SW required for abandoned property

Posted on March 7, 2015 by Hall

Defendant was seen in a stolen car and the police gave chase. He bailed from the car and ran, leaving his cell phone behind. The cell phone was abandoned property, and it could be searched without a warrant. Here, the cell phone was used merely to identify the defendant. State v. Samalia, 2015 Wash. App. LEXIS 477 (March 5, 2015).

The trial court’s finding that the headlight on defendant’s car wasn’t working at the time of the stop isn’t foreclosed because the headlight was found working on the impound lot sometime later. State v. Mullican, 2015 Tenn. Crim. App. LEXIS 150 (March 4, 2015).*

Defendant’s stop for a window tint violation was objectively reasonable. State v. McNair, 2015 Tenn. Crim. App. LEXIS 151 (February 25, 2015).*

Posted in Abandonment, Cell phones, Reasonable suspicion | Comments Off on WA: Leaving cell phone fleeing from a stolen car was abandonment; no SW required for abandoned property