Daily Archives: November 4, 2019

In a week long federal trial

Which is why postings have been so sporadic for the last ten days and will be through Friday

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CSOOline: US Department of Justice push for encryption backdoors might run afoul of First Amendment

CSOOline: US Department of Justice push for encryption backdoors might run afoul of First Amendment by Cynthia Brumfield (“Is encryption code speech? Earlier court rulings suggest that it is, legally, and therefore subject to First Amendment protections.”)

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CA4: “Filter Team” of govt agents and AUSAs violated separation of powers and A-C privilege

The USMJ’s ex parte creation of a “Filter Team” of federal agents and prosecutors to review the seizure of records from a law firm under a search warrant violates separation of powers and doesn’t adequately protect attorney-client privilege and work … Continue reading

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KY declines to reject Hodari D. under state constitution

Kentucky’s state constitution’s search provision is based on Pennsylvania’s. Pennsylvania has rejected Hodari D. under state law. Kentucky declines to do so, too. Hunter v. Commonwealth, 2019 Ky. LEXIS 434 (Oct. 31, 2019). Post-conviction petitioner’s cell phone search issue had … Continue reading

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KY: Illegal cell phone search is harmless where nothing used at trial from the phones

The apparently unconstitutional searches of defendant’s cell phones were harmless beyond a reasonable doubt when nothing was used from them. Ward v. Commonwealth, 2019 Ky. LEXIS 433 (Oct. 31, 2019).* In defendant’s traffic stop for not stopping at the stop … Continue reading

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D.D.C.: Speculation about illegal FISA wiretapping fails to show standing under Clapper

A complaint against the Special Counsel that his office conducted unconstitutional surveillance under FISA is dismissed as speculation, and speculation is no standing under Clapper. And plaintiff’s counsel has already lost cases in this court on no standing with facts … Continue reading

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PA: Birchfield not retroactive on post-conviction

Birchfield is not a new rule for post-conviction purposes and thus not retroactive. Commonwealth v. Olson, 2019 Pa. LEXIS 6120 (Oct. 31, 2019). Defendant was involved in an ATV accident and hospitalized. The state wanted BAC, but he wasn’t available. … Continue reading

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E.D.Pa.: The officer responding to a bank robbery call finding two men matching the description near the bank was reasonable in stopping and handcuffing them

“Accordingly, we find that based on Dougherty’s experience and familiarity with the area, and the totality of the circumstances known to him as he responded to a dispatch describing two African American males at least one of whom was armed, … Continue reading

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S.D.Fla.: Claim USCG couldn’t stop def waived by guilty plea

Defendant’s claim that the U.S. Coast Guard had no jurisdiction to stop him was waived by his guilty plea. Munoz v. United States, 2019 U.S. Dist. LEXIS 190095 (S.D. Fla. Oct. 31, 2019).* Defendant doesn’t get a Franks hearing because … Continue reading

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NBC News: Amazon’s Alexa may have witnessed alleged Florida murder, authorities say

NBC News: Amazon’s Alexa may have witnessed alleged Florida murder, authorities say By Minyvonne Burke (“Adam Reechard Crespo is charged with murder in connection to the July death of his girlfriend, Silvia Galva, in Hallandale Beach.”)

Posted in Digital privacy, Surveillance technology | Comments Off on NBC News: Amazon’s Alexa may have witnessed alleged Florida murder, authorities say