Daily Archives: July 4, 2020

E.D.Ky.: SW can compel persons present at time of seizure of cellphone to provide biometrics to unlock it on mere RS; PC not required

“Modern day biometric authentication features for electronic devices allow once trivial gestures, such as a momentary stare or touch, to be the barrier between the outside world and an individual’s most intimate, private details. The United States has applied for … Continue reading

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AK: Misspelling of target name in a warrant to record a conversation didn’t void the warrant when right person was recorded

Officers obtained a warrant under state law to record a future conversation with defendant about his alleged sexual assault of a passed out woman, but they didn’t have the spelling right (Darren, not Darin) and a wrong middle initial. There … Continue reading

Posted in Ineffective assistance, Particularity | Comments Off on AK: Misspelling of target name in a warrant to record a conversation didn’t void the warrant when right person was recorded

OR: Disclaiming ownership of purse brought to police station police wanted to search wasn’t abandonment

Where defendant was told to bring her purse and later disclaimed ownership when the officer wanted to search it, she did not abandon it to the degree she lost ownership or a reasonable expectation of privacy in it. It wasn’t … Continue reading

Posted in Abandonment | Comments Off on OR: Disclaiming ownership of purse brought to police station police wanted to search wasn’t abandonment