Category Archives: Uncategorized

Professional Responsibility in Criminal Defense Practice (4th ed. 2023) now on Westlaw

The author’s Professional Responsibility in Criminal Defense Practice (4th ed. 2023) uploaded to Westlaw this morning. The book and ebook will be on the Thomson Reuters bookstore shortly. The table of contents is here. The first edition was published in … Continue reading

Posted in Uncategorized | Comments Off on Professional Responsibility in Criminal Defense Practice (4th ed. 2023) now on Westlaw

Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN

Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN:

Posted in Uncategorized | Comments Off on Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN

S.D.Cal.: Databases checked by probation officers showed def was still on probation before probation search; GFE applies

Defendant claimed his probation search was unreasonable because he was off probation when the search occurred. All the evidence, however, shows that the officers acted in good faith because they checked databases, and it all showed he was still on … Continue reading

Posted in Uncategorized | Comments Off on S.D.Cal.: Databases checked by probation officers showed def was still on probation before probation search; GFE applies

Did a Tesla rat out its owner?

LATimes: Driver of Tesla that plunged off Northern California cliff arrested; CHP calls crash intentional After examining evidence, investigators “developed probable cause to believe this incident was an intentional act,” and placed Patel under arrest, according to the CHP. Authorities … Continue reading

Posted in Uncategorized | Comments Off on Did a Tesla rat out its owner?

NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by

NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by Michael Levinson (“A police officer at Nashville International Airport told travelers whose Southwest flights had been canceled that they would be arrested for trespassing if they did not leave … Continue reading

Posted in Uncategorized | Comments Off on NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by

Lawfare Podcast: Chris Slobogin on Virtual Searches

Lawfare Podcast: Chris Slobogin on Virtual Searches by Jen Patja Howell:

Posted in Uncategorized | Comments Off on Lawfare Podcast: Chris Slobogin on Virtual Searches

N.D.Fla.: SW used to get caller information on Google Voice call

Here, the government got a search warrant for information from Google over who placed a Google voice call. United States v. Alford, 2022 U.S. Dist. LEXIS 219552 (N.D. Fla. Nov. 8, 2022),* adopted, CoA denied, 2022 U.S. Dist. LEXIS 218090 … Continue reading

Posted in Uncategorized | Comments Off on N.D.Fla.: SW used to get caller information on Google Voice call

WaPo: All the ways Amazon’s home gadgets are spying on you

WaPo: All the ways Amazon’s home gadgets are spying on you by Geoffrey A. Fowler (“You may not realize all the ways Amazon is watching your home, your family and you.”). The title inside: Tour Amazon’s dream home, where every … Continue reading

Posted in Uncategorized | Comments Off on WaPo: All the ways Amazon’s home gadgets are spying on you

D.Minn.: Request for TRO against cell phone search denied; aside from the fact criminal investigations are almost never enjoined, nothing is shown here to justify even hearing it yet

Plaintiff’s claim that the government’s seizure of his cell phone should be enjoined and it should be returned is denied. There is no proof of service on anybody for the government. (1) There is no effort to comply with F.R.C.P. … Continue reading

Posted in Uncategorized | Comments Off on D.Minn.: Request for TRO against cell phone search denied; aside from the fact criminal investigations are almost never enjoined, nothing is shown here to justify even hearing it yet

techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement

techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement by Tim Cushing:

Posted in Uncategorized | Comments Off on techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement

Working on a book manuscript

Will catch up soon

Posted in Uncategorized | Comments Off on Working on a book manuscript

techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment

techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment by Tim Cushing:

Posted in Uncategorized | Comments Off on techdirt: Ohio Court Says Distance Learning ‘Room Scans’ Violate The Fourth Amendment

NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions?

NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions? (“Because unpublished opinions aren’t precedential and don’t typically get reviewed by full courts, some court watchers worry that panels could use them to get their desired outcome in a particular case … Continue reading

Posted in Uncategorized | Comments Off on NLJ: Will Judicial Polarization Lead to More Strategic ‘Unpublished’ Opinions?

E.D.Tex.: Burden on defense to show GFE doesn’t apply

The good faith exception is determined before probable cause. If there is objective good faith, the rest doesn’t matter. The burden is on the defense to show the good faith exception doesn’t apply. United States v. Ledesma, 2022 U.S. Dist. … Continue reading

Posted in Uncategorized | Comments Off on E.D.Tex.: Burden on defense to show GFE doesn’t apply

N.-M.: Forum shopping rejected because USMJ also had jurisdiction over search warrant

NCIS presented a search authorization that a military judge later determined was likely lacking in the showing of probable cause. To remedy that, NCIS did a new affidavit for warrant and presented it to a USMJ also with potential jurisdiction … Continue reading

Posted in Uncategorized | Comments Off on N.-M.: Forum shopping rejected because USMJ also had jurisdiction over search warrant

USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming

USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming (“A review released this year of national police data gathered by the nonprofit Mapping Police Violence found police in the U.S. have … Continue reading

Posted in Uncategorized | Comments Off on USA Today: A lawyer in your pocket: Apps aim to change traffic stops forever with legal advice, live-streaming

Don’t take CP on a cash run

One search led to another. United States v. Orozco, 2022 U.S. App. LEXIS 20390 (4th Cir. July 25, 2022):

Posted in Uncategorized | Comments Off on Don’t take CP on a cash run

W.D.Ky.: RS not required for knock-and-talk

Reasonable suspicion is not required for a knock-and-talk. United States v. Raley, 2022 U.S. Dist. LEXIS 128634 (W.D. Ky. July 20, 2022). The officer ran defendant’s LPN and it came back with “verify proof of insurance status.” That justified the … Continue reading

Posted in Uncategorized | Comments Off on W.D.Ky.: RS not required for knock-and-talk

D.N.M.: No return of seized phone of election denier lawyer

Plaintiff is a self-described “constitutional lawyer,” and his claim the search warrant for phone wasn’t particular enough or that he had a right to see the warrant to point out defects to the officer before execution is denied. It was; … Continue reading

Posted in Uncategorized | Comments Off on D.N.M.: No return of seized phone of election denier lawyer

John Erlichman, President Nixon’s Domestic Policy Advisor:

The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or … Continue reading

Posted in Uncategorized | Comments Off on John Erlichman, President Nixon’s Domestic Policy Advisor: