On a OUI2, a condition of bail of alcohol testing and treatment was a reasonable condition of bail and did not violate the Fourth Amendment under the special needs doctrine. State v. Wilcenski, 2013 WI App 21, 346 Wis. 2d 145, 827 N.W.2d 642 (2013):

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Wired.com: School Kicks Out Sophomore in RFID Student-ID Flap by David Kravets:

A Texas high school on Friday barred a girl from attending class as part of the fallout from a legal flap that began when the sophomore refused to wear around her neck an RFID-chip student ID she claims is the “Mark of the Beast,” lawyers connected to the brouhaha said.

The Northside Independent School District in San Antonio began issuing the RFID-laden student-body cards when the semester began in the fall. The ID badge has a bar code associated with a student’s Social Security number. The chip monitors pupils’ movements on campus, from when they arrive until when they leave.

Reason.com: Albuquerque's Solution for School Safety: Total Surveillance by J.D. Tuccille:

Rare though they are, horrific events like the Newtown shooting inevitably provoke a variety of responses. The intent is to head off a recurrence of the sort of crime that, truth be told, very likely can't be completely prevented, if for no other reason than that so many of the perpetrators seemingly have little interest in surviving their deeds. But some of the responses, like encouraging people to take responsibility for defending themselves and those around them, offer the possibility of reducing the damage done by rampage killers. Some responses, like gun restrictions and video-game censorship, put widespread civil liberties at the mercy of opportunistic control freaks. And some responses seem designed to turn public schools into replica prisons. On that last point, I'm talking about Albuquerque's scheme for multi-school surveillance, centrally monitored at the Albuquerque Public Schools Police headquarters dispatch center.

NYTimes: Unpopular Full-Body Scanners to Be Removed From Airports by Ron Nixon:

After years of complaints by passengers and members of Congress, the Transportation Security Administration said Friday that it would begin removing the controversial full-body scanners that produce revealing images of airline travelers beginning this summer.

Now much did former DHS Chief Chertoff's scanner consulting company make of this deal?

The officer stopped defendant for a license plate issue, and the conflicting information he gave about the driver didn’t support calling a drug dog. The continued detention for that violated the state constitution. State v. Maciel, 254 Ore. App. 530, 295 P.3d 145 (2013).

Defendant’s girlfriend had apparent authority to consent to a search of his locked briefcase which he left with her. “That finding was supported by the evidence that, inter alia, Gonzales had been living at Duran's apartment for about a month, keeping clothes and receiving mail there; that he kept the briefcase in a shared bedroom; that he had given Duran the combination to the briefcase; and that he left the briefcase at the apartment when he spent time away.” United States v. Gonzales, 2013 U.S. App. LEXIS 1113 (5th Cir. January 16, 2013).*

Defendant consented to a search of his house when confronted on the street for drug trafficking. The only show of force was the officer holding a gun in his hand behind him when first encountering defendant. United States v. Garcia, 2013 U.S. Dist. LEXIS 6946 (E.D. Tenn. January 10, 2013).*

The fact defendant had previously connected to Limewire did not show no reasonable expectation of privacy in defendant’s computer files. His connection to a wireless router was also not a waiver of his reasonable expectation of privacy in the files on his computer. The government engaged in a search in getting someone to enter defendant’s computer and open a file because it was not publicly accessible. Suppressing that image leaves the affidavit without probable cause. United States v. Ahrndt, 2013 U.S. Dist. LEXIS 7223 (D. Ore. January 17, 2013), on remand from United States v. Ahrndt, 475 Fed. Appx. 656, 657 (9th Cir. 2012), for additional fact finding.

There was probable cause to arrest defendants for a drug conspiracy. The CI was fully corroborated. United States v. Johnson, 2013 U.S. Dist. LEXIS 6026 (S.D. N.Y. January 10, 2013).*

Questions of the driver during the “unavoidable lull” of the wait for information back on the DL were permissible and not a “second stop.” State v. Wiener, 254 Ore. App. 582, 295 P.3d 152 (2013).

Defendant in his rental car was stopped, and the car was overdue. The renter wanted it impounded, and the officer did and inventoried it, not for arresting defendant for a crime. “Defendant points to nothing that requires law enforcement to release an overdue vehicle to a rental customer who has no continuing legitimate claim to the car, has been overdue in returning the car for nine days, has had payment for extra days declined by her credit card, and has personalized the vehicle by adding tint to the windows, when the legitimate owner — the rental company — has requested that the car be impounded. [¶] And, once Detective Wagenmann agreed to impound the car for Advantage, he was subject to the City of Miami Gardens Police Department's inventory Policy. Nor does the fact that Detective Wagenmann did not impound the car in connection with a crime affect the analysis.” United States v. Handy, 2013 U.S. Dist. LEXIS 6517 (S.D. Fla. January 15, 2013).

The stop of the car defendant was in was valid because it had been involved in a controlled buy that day. The court finds the traffic stop also valid, arresting defendant for a cracked windshield was not improper, and the subsequent inventory was valid under department policy. The stop and search was also valid under the automobile exception. United States v. Baldenegro-Valdez, 703 F.3d 1117 (8th Cir. 2013).*