Daily Archives: July 21, 2020

N.D.Fla.: Drug officers with PC can use patrol officers to make a stop on a traffic offense

Drug officers had probable cause but used patrol officers to make a stop based on a traffic offense, which there also was. The initial probable cause controls here. United States v. Green, 2020 U.S. Dist. LEXIS 126663 (N.D. Fla. July … Continue reading

Posted in Uncategorized | Comments Off on N.D.Fla.: Drug officers with PC can use patrol officers to make a stop on a traffic offense

CA7: “The Fourth Amendment does not require best practices in criminal investigations.” Just PC

“The Fourth Amendment does not require best practices in criminal investigations.” That a controlled buy could have been done better doesn’t mean there wasn’t probable cause. United States v. Glenn, 2020 U.S. App. LEXIS 22544 (7th Cir. July 20, 2020):

Posted in Uncategorized | Comments Off on CA7: “The Fourth Amendment does not require best practices in criminal investigations.” Just PC

CA10: USDC isn’t obligated to draw same Franks inferences the def does

When a defendant makes a Franks challenge, the court is not obliged to make the same inference he makes in determining whether he gets a hearing. Franks requires a “substantial preliminary showing” of recklessness or acting intentionally along with materiality. … Continue reading

Posted in Uncategorized | Comments Off on CA10: USDC isn’t obligated to draw same Franks inferences the def does

E.D.N.C.: Tower dump order different than long term CSLI; § 2703 order suffices under Carpenter

“In light of the significant differences between a tower dump CLSI and long term CSLI targeted at the whole of an individual’s movements, as highlighted by the court’s decision in Carpenter, the court finds no basis for attaching a Fourth … Continue reading

Posted in Uncategorized | Comments Off on E.D.N.C.: Tower dump order different than long term CSLI; § 2703 order suffices under Carpenter

D.Idaho: Broad email warrants are not per se unreasonable

Broad email search warrants were not unreasonable just because they were broad. The breadth of the financial crime under investigation justifies it. In addition, the good faith exception applies and it’s too early to tell if any has to be … Continue reading

Posted in E-mail, Particularity, Warrant execution | Comments Off on D.Idaho: Broad email warrants are not per se unreasonable

techdirt: The FBI Is Abusing The All Writs Act To Gain Access To Millions Of Travel Records

techdirt: The FBI Is Abusing The All Writs Act To Gain Access To Millions Of Travel Records by Tim Cushing:

Posted in Surveillance technology, Third Party Doctrine | Comments Off on techdirt: The FBI Is Abusing The All Writs Act To Gain Access To Millions Of Travel Records