The Hill: Turkey Day provides TSA a chance to test new security procedures by Keith Laing:

The Transportation Security Administration says passengers will likely notice fewer pat-downs of children and other changes at airports over this long weekend, the busiest travel days of the year.

The changes are part of TSA’s move toward a “risk-based” security approach. Most of them have been in place since earlier in the fall, but they will be new to an estimated 3.4 million people who are expected to fly for the holidays.

“When traveling this holiday travel season, passengers may notice new procedures in place at airports, including modified screening for passengers 12 and under and additional privacy protections on more than half of our imaging technology units,” the agency said in a statement provided to The Hill.

Officers responded to a call that defendant was shot in the hand. When officers arrived, he was the only person there, and he was taken to the hospital. One officer followed the blood trail upstairs and found drugs in plain view. The district court’s finding that this search was not justified by exigent circumstances was supported by the record. United States v. Wolfe, 452 Fed. Appx. 180 (3d Cir. 2011) (unpublished):

This last point bears strong emphasis. We should not be understood as holding that police officers cannot address ambiguous and evolving circumstances as their well-informed professional judgment dictates. In this case, however, Evans began his search after the two responding officers had already resolved the only exigency there was cause to believe existed. It is true that “[officers do not need ironclad proof of a likely serious, life-threatening injury to invoke the emergency aid exception,” Fisher, 130 S. Ct. at 549 (internal quotation marks omitted), but here, after hearing the evidence, the District Court determined that Evans had no indication that additional victims or threats were inside the home after Wolfe’s departure. Though the government disagrees with that interpretation of the evidence, the finding is sufficiently supported to withstand review for clear error.

Defendant rear-ended an off-duty officer outside his jurisdiction. The officer’s actions in telling defendant to step out of the car, removing and retaining his keys from the ignition, and telling him to sit and wait in his car fell short of an “arrest” sufficient to trigger the citizen’s arrest rule. Instead, this was more akin to an investigatory stop, short of an arrest. Under the circumstances, where defendant rear ended the officer’s personal vehicle and appeared intoxicated, it was reasonable for the officer – as it would any private citizen – to prolong the stop until the local police arrived, in order to ensure the safety of the public and of defendant himself. Defendant was not under arrest until the local police officer arrived and placed him under arrest. Commonwealth v. Limone, 460 Mass. 834, 957 N.E.2d 225 (2011).*

Defendant’s computer was searched, and he pled guilty to possession of a single photograph of child pornography. After his plea, he requested his computer back, and it was searched again before return finding more child pornography overlooked before. He could be prosecuted separately for possession of the other photographs, and the subsequent second search of the computer was valid under the original warrant from seven months earlier. People v Deprospero, 2011 NY Slip Op 8421, 91 A.D.3d 39, 932 N.Y.S.2d 789 (4th Dept. 2011):

Turning to the novel issue on appeal, we conclude that the court properly refused to suppress evidence uncovered in the January 2010 search of property seized pursuant to the May 2009 warrant. While it is indeed the case that the examination at issue of defendant’s property occurred after sentencing on another charge and followed defendant’s request for the return of such property, we conclude that the police conduct in this case did not violate defendant’s Fourth Amendment rights for a number of reasons. First, defendant provides no support for his contention that the authority to search his property pursuant to the May 2009 warrant terminated at the conclusion of the 2009 prosecution, and we reject that contention. The search warrant directed the police to seize, inter alia, defendant’s computers, external drives, storage media, and cameras, and “authorize[d] the police agency to retain said property for the purpose of further analysis and examination.” There was no deadline in the warrant for completion of the forensic examination and analysis, “nor [does] the Fourth Amendment provide[] for a specific time limit in which a computer may undergo a government forensic examination after it has been seized pursuant to a search warrant” (United States v Hernandez, 183 F Supp 2d 468, 480; see United States v Syphers, 426 F3d 461, 469, cert denied 547 U.S. 1158, 126 S. Ct. 2312, 164 L. Ed. 2d 831; United States v Gorrell, 360 F Supp 2d 48, 55 n 5 [“The warrant did not limit the amount of time in which the government was required to complete its off-site forensic analysis of the seized items and the courts have not imposed such a prophylactic constraint on law enforcement”]; United States v Triumph Capital Group, Inc., 211 FRD 31, 66 [the Fourth Amendment does not “impose any time limitation on the government’s forensic examination of the evidence seized”]). Indeed, “[t]he Fourth Amendment itself contains no requirements about when the search or seizure is to occur or the duration’” (Syphers, 426 F3d at 469, quoting United States v Gerber, 994 F2d 1556, 1559-1560). Rather, “[t]he Fourth Amendment only requires that the subsequent search of the computer be made within a reasonable time” (United States v Mutschelknaus, 564 F Supp 2d 1072, 1076, affd 592 F3d 826).

Finally, we reject defendant’s further contention that the police were required to obtain a new search warrant before searching the property seized pursuant to the May 2009 warrant. “Once a person or his [or her] effects have been reduced to custodial control in the law enforcement system his [or her] privacy has been intruded upon” (People v Perel, 34 NY2d 462, 465, 315 N.E.2d 452, 358 N.Y.S.2d 383). The subsequent search of the property lawfully seized “is then but a lesser-related intrusion incident to the [seizure] already effected” (People v Greenwald, 90 AD2d 668, 668, 455 N.Y.S.2d 865; see Perel, 34 NY2d at 465; People v Payne, 233 AD2d 787, 787, 650 N.Y.S.2d 833 [“Once a person has been placed in custody, his [or her] privacy has been compromised and the subsequent examination and testing of items seized at the time of arrest is permissible as a lesser-related intrusion incident to the arrest already effected”]). Once defendant’s property had been lawfully seized pursuant to the May 2009 warrant, he lacked a legitimate expectation of privacy in that property, notwithstanding the passage of time (see People v Natal, 75 NY2d 379, 384, 553 N.E.2d 239, 553 N.Y.S.2d 650, ...).