D.Kan.: There must be a search protocol for cell phone searches to prevent general searches

There must be a search protocol for cell phone searches to prevent general searches. In re Cellular Telephones, 2014 U.S. Dist. LEXIS 182165 (D.Kan. December 30, 2014). This is an important opinion, and it’s free online:
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S.D.W.Va.: CP hunting software doesn’t have to be shown to be 100% reliable for PC

Child pornography targeting software doesn’t have to be shown to be all that reliable to establish probable cause for a search warrant. United States v. Naylor, 2015 U.S. Dist. LEXIS 19760 (S.D.W.Va. February 19, 2015) [Look, if a 25% reliability rate for a dog is PC, then why not this? PC is a really low threshold. I hate to admit it, but it is.]:
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E.D.Mich.: If you decorate your walls with child porn, calling 911 not a good idea

This pretty much sums it all up: “Defendant Tilman Williams chose to decorate his apartment with sexually explicit photographs of young girls. In doing so, he assumed serious risks. One such risk: if he had a medical emergency and allowed first responders into his apartment to render aid, they might discover the photographs and notify the police. And that is exactly what happened.” By calling 911 he invited the entry. Defendant was also a hoarder and the house was unsafe. The police knew that he kept child pornography, and that complicated the issue. There is also a lengthy discussion of the deterrent value of applying the exclusionary rule in this case where the subsequent search warrant was reviewed by a prosecutor before submission [like Leon]. United States v. Williams, 2015 U.S. Dist. LEXIS 19646 (E.D.Mich. February 19, 2015).

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Washington Times: FBI surveillance tactics jeopardized by fight over NSA phone snooping program

Washington Times: FBI surveillance tactics jeopardized by fight over NSA phone snooping program by Phillip Swarts:

Congressional discord may cause the FBI to lose its ability to collect hotel bills, credit card slips and other “tangible things” they use to hunt down terrorists, spies and criminals.

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D.Kan.: The KHP two-step to get consent from a motorist

Defendant was pulled over for driving in the left lane of an empty Interstate highway, which actually violates Kansas law. Defendant was told he was free to leave, and the court describes how the officer tells the defendant he was free to leave but re-engages him in conversation to get consent. United States v. Ahumada, 2015 U.S. Dist. LEXIS 18968 (D.Kan. February 18, 2015)*:
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D.Alaska: It was reasonable to seize a store where heroin was being sold pending getting a SW

Officers could enter a store where heroin sales were allegedly occurring to seize the store. They told the defendant to put down his phone, and that was reasonable to preserve evidence. A call came in to the phone and the number was noted and called back, and that was not unreasonable. Defendant wasn’t timely Mirandized, so his statements are suppressed but the later search warrant is not. United States v. Nguyen, 2015 U.S. Dist. LEXIS 19155 (D.Alaska February 18, 2015).

CPS was called on the defendants for assaulting their children. The entry into the home was reasonable based on the community caretaking function and protection of the children. The officers going into the garage was to find a more private place to interview the children and was reasonable. There, the board allegedly used to assault the children was found in plain view. State v. Weller, 2015 Wash. App. LEXIS 329 (February 18, 2015).*

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Slate: Google Says Proposed DoJ Warrant Tweaks Are “Monumental” Fourth Amendment Violation

Slate: Google Says Proposed DoJ Warrant Tweaks Are “Monumental” Fourth Amendment Violation by Lily Hay Newman:

The Department of Justice has been working to revise a federal criminal procedure rule to make it easier for judges to issue search warrants outside of their geographic districts of influence. The idea is to facilitate remote FBI searches of digital data. But Google and other groups have constitutional concerns.

The proposal to a judicial advisory committee has been in an open comment period that ended Tuesday. On Friday, Richard Salgado, Google’s director of law enforcement and information security, submitted a letter detailing Google’s concerns. He writes that the change could have much bigger “constitutional, legal, and geopolitical concerns” than the DoJ is acknowledging.

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The Intercept: FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters

The Intercept: FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters by Dan Froomkin:

Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter.

FBI agents can demand that an Internet service provider, telephone company, or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day.

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AR: Anonymous tip def was in a hotel room was insufficient under Payton for entry on arrest warrant

Defendant was wanted for bank robbery, and the police had an arrest warrant. In a case of first impression, an anonymous tip that defendant was in a hotel room was not enough to base an entry on the arrest warrant under Payton, and all the stuff in the hotel room was suppressible. (The concurring opinion doesn’t like the discussion of Navarette.) However, the evidence of guilt was overwhelming from the numerous eyewitnesses and bank surveillance photographs, including a relative that IDed him as the bank robber. Evans v. State, 2015 Ark. 50, 2015 Ark. LEXIS 67 (February 19, 2015):
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CT: Refusal to cooperate with SW for DNA swab admissible to show consciousness of guilt

While one can refuse a consent search, refusal to cooperate with a search warrant can be used as evidence of guilt; here an attempt to take DNA by search warrant, all captured on video. It was relevant as showing defendant’s consciousness of guilt. State v. Gonzalez, 2015 Conn. LEXIS 32 (February 24, 2015):
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D.Mass.: Frisk justified of a known gang member in a high crime area getting out of car with his hand in his pocket

Defendant was in a high crime area and known to be a member of a violent street gang. When he got out of a vehicle with a hand in his coat pocket, a frisk was justified. United States v. Vargas, 2015 U.S. Dist. LEXIS 19252 (D.Mass. February 18, 2015):

Officers may briefly and proportionately detain an individual when those officers have probable cause to believe that he has violated a civil ordinance, and this principle applies independent of suspicion of criminal activity. See Whren v. United States, 517 U.S. 806, 819 (1996) (violation of traffic ordinance); McKoy, 402 F. Supp. 2d at 313 n.3 (same). …
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The Register (UK): Google strongly opposes plans to let ANY US COURT authorise digi-snoops

The Register (UK): Google strongly opposes plans to let ANY US COURT authorise digi-snoops:

Google has strongly opposed US government plans to expand federal powers to authorise remote searches of digital data – claiming in a letter the powers will weaken citizens’ fourth amendment rights. …

In a letter to the Washington committee considering the proposed changes to the Federal Rule of Criminal Procedure 41, Google said the amendments raise a number of “monumental and highly complex constitutional, legal, and geopolitical concerns.”

“Google urges the committee to reject the proposed amendment and leave the expansion of the government’s investigative and technological tools, if any are necessary or appropriate, to Congress,” it said.

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EFF to Supreme Court: The Fourth Amendment Covers DNA Collection

EFF to Supreme Court: The Fourth Amendment Covers DNA Collection:

San Francisco – People have a Fourth Amendment right to privacy when it comes to their genetic material, the Electronic Frontier Foundation (EFF) argues in an amicus brief filed this week with the Supreme Court of the United States.

EFF is asking the Supreme Court to hear arguments in Raynor v. State of Maryland, a case that examines whether police should be allowed to collect and analyze “inadvertently shed” DNA without a warrant or consent, such as swabbing cells from a drinking glass or a chair. EFF argues that genetic material contains a vast amount of personal information that should receive the full protection of the Constitution against unreasonable searches and seizures.

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OH3: “[Y]ou’re gonna do what you’re gonna do. Do what you gotta do” was consent to a blood draw

Defendant finally said in apparent exasperation about a blood test: “you’re gonna do what you’re gonna do. Do what you gotta do.” This was a valid consent on the totality. State v. Hosko, 2015-Ohio-570, 2015 Ohio App. LEXIS 530 (3d Dist. February 17, 2015):

[*P32] … However, Richard did testify that Hosko was asked at least two or three times to submit to the blood draw and on the third time Hosko “was irritant [sic]and just threw his arm out and he says, ‘you’re gonna do what you’re gonna do. Do what you gotta do.”’ (Tr. at 62).
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W.D.Wis.: A wired CI can video a statement of the defendant in his house

Defendant invited a wired CI into his place who video recorded only his conversations with him. This doesn’t violate the Fourth Amendment, citing the “false friend” cases. United States v. Thompson, 2015 U.S. Dist. LEXIS 18600 (W.D. Wis. February 17, 2015).

The officers are considered more credible on the question of consent for a search of the house granted by defendant’s wife after police responded to a domestic dispute. Defendant was in possession of several rifles while being a FIPF. The state law question of her being advised of a right to refuse consent wasn’t presented to the trial court, so it’s waived for appeal. Tate v. State, 2015 Ark. App. 72, 2015 Ark. App. LEXIS 120 (February 11, 2015).*

A truck parked on the side of the road with the driver slumped over the wheel is reasonable suspicion. United States v. Maxwell, 2015 U.S. Dist. LEXIS 18625 (W.D. Mo. January 13, 2015).*

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Jurist: Why Collection of Arrestee DNA Violates the Fourth Amendment

Jurist: Why Collection of Arrestee DNA Violates the Fourth Amendment by Christen Giannaros:

The twelfth author in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Giannaros discusses the Fourth Amendment rights violations implicit in DNA collection upon arrest…
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New American: Patriot Act’s Illegal Section 215 due to Expire June 1

New American: Patriot Act’s Illegal Section 215 due to Expire June 1 by Bob Adelmann:

Section 215 of the Patriot Act is set to expire June 1, and each side in the upcoming battle to renew, reform, or let expire this unconstitutional abridgement of freedoms is rolling out its arguments.

Section 215 is often referred to as the Patriot Act’s “library records” provision because it allows the FBI to order a library or any other source to produce, without a warrant showing probable cause (as required under the Fourth Amendment), all “tangible things” belonging to its target of interest including “books, records, papers, documents, and other items.” That includes books borrowed and websites visited by the target while at the library. Niceties demanded by the Fourth Amendment are ignored in Section 215 as long as the FBI “specifies” that its order is “for an authorized investigation … to protect against international terrorism or clandestine intelligence activities.”

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WaPo: No cell phone warrants without search protocols, magistrate judge rules

WaPo: No cell phone warrants without search protocols, magistrate judge rules by Orin Kerr:

The Fourth Amendment requires a warrant for the police to search a phone. But can a judge reject a warrant application because it does not tell the judge how the police plan to search the phone?

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Bloomberg: Obama Drone Policy Gives FBI Leeway to Decide What’s Private

Bloomberg: Obama Drone Policy Gives FBI Leeway to Decide What’s Private by Alan Levin:

The White House’s attempt to set privacy policies for government agencies using drones doesn’t go far enough for civil-liberties advocates in the U.S….While the White House said government drones must be used lawfully and ‘consistent with the Constitution,’ civil-liberties advocates are zeroing in on another phrase in the directive: Gathering information on drones may only be done for an ‘authorized purpose’…. Groups including the CDT, ACLU and the Washington-based National Association of Criminal Defense Lawyers had sought a requirement for a warrant approved by a judge before law enforcement agencies use drones to monitor suspects.

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NM: The “new crime” exception to the exclusionary rule does not apply to identity-related offenses; it would to violent crimes

Defendant was a passenger in a car stopped without reasonable suspicion, and he had no seatbelt on. He gave a false name and signed the ticket with the false name. That was forgery. The new crime is suppressed because it furthers the purpose of the exclusionary rule. It is also not attenuated. State v. Tapia, 2015 N.M. App. LEXIS 20 (February 16, 2015):
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