Daily Archives: November 17, 2023

UT: Being hospitalized having been shot by police isn’t “custody” for Miranda purposes

A person hospitalized after having been shot by the police is not per se “in custody” for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn’t even close, … Continue reading

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CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for … Continue reading

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S.D.N.Y.: If the SW lacks PC, the remedy is a motion to suppress, not a motion to rescind the SW via 41(g)

Defendant filed a motion for the court to rescind the search warrant for his cell phone under Rule 41(g) because it was allegedly defective. The remedy is a motion to suppress, not to rescind. United States v. Cardenas, 2023 U.S. … Continue reading

Posted in Cell phones, Good faith exception, Informant hearsay, Probable cause, Rule 41(g) / Return of property | Comments Off on S.D.N.Y.: If the SW lacks PC, the remedy is a motion to suppress, not a motion to rescind the SW via 41(g)

NYT: Talks on Surveillance Law Simmer as Its Expiration Date Looms

NYT: Talks on Surveillance Law Simmer as Its Expiration Date Looms by Charlie Savage (“Negotiations in Congress over a warrantless surveillance law are intensifying as it nears its expiration date. The debate has come during what national security officials say … Continue reading

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The Intercept: LexisNexis Sold Powerful Spy Tools to U.S. Customs and Border Protection

The Intercept: LexisNexis Sold Powerful Spy Tools to U.S. Customs and Border Protection by Sam Biddle (“The data brokerage giant sold face recognition, phone tracking, and other surveillance technology to the border guards, say government documents.”)

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