Daily Archives: September 23, 2022

E.D.Va.: Defense counsel’s failure to file a motion to suppress not a ground to withdraw a guilty plea

It is settled in most courts that failure to pursue a motion to suppress is a ground to set aside a guilty plea. United States v. Foster, 2022 U.S. Dist. LEXIS 170198 (E.D. Va. Sep. 20, 2022).* [People plead guilty … Continue reading

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IA: Federal reverse silver platter of anticipatory SW was valid

Defendant was the target of an anticipatory federal search warrant for drugs. The federal government instead let the state prosecute. The Iowa constitution, however, does not permit anticipatory search warrants. Defense counsel didn’t raise the state constitutional issue before trial. … Continue reading

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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

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Gizmodo: Whistleblower: Pentagon Purchased Mass Surveillance Tool Collecting Americans’ Web Browsing Data

Gizmodo: Whistleblower: Pentagon Purchased Mass Surveillance Tool Collecting Americans’ Web Browsing Data (“Multiple military intelligence offices have paid a data broker for access to internet traffic logs, which could reveal the online browsing histories of U.S. citizens, Sen. Ron Wyden … Continue reading

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Wired: The ‘Surveillance Solutionism’ of Putting Cameras in NYC Subways

The ‘Surveillance Solutionism’ of Putting Cameras in NYC Subways (“When ‘if you see something, say something’ becomes ‘we see everything,’ everyone loses.”) WMATA in DC has cameras everywhere. Presumably all the others do. All major subway systems in the world … Continue reading

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D.V.I.: Govt couldn’t prove helicopter flyover was 1000′ or more; suppressed

The government flew a helicopter over defendant’s property to photograph a suspected marijuana grow. It could not provide testimony that the helicopter was flown at 1000′ or above in navigable air space. Defendant had a subjected expectation of privacy against … Continue reading

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