Daily Archives: November 24, 2023

N.D.Cal.: Passwords are protected by the Stored Communications Act

In civil case for evidence production brought in San Francisco to aid litigation in Ontario, Canada. the court holds that account passwords are protected by the Stored Communications Act and there was no consent to disclosure. In re Path Network, … Continue reading

Posted in Computer and cloud searches, Plain view, feel, smell, Private search, Probable cause, Stored Communications Act | Comments Off on N.D.Cal.: Passwords are protected by the Stored Communications Act

NY: Stop of man on bike without RS was unreasonable

NYPD officers stopped defendant riding a bike in Queens. They asked him whether he was armed, and he admitted he was, so he was frisked and arrested. The stop lacked any reasonable suspicion, and the gun should have been suppressed. … Continue reading

Posted in Standing, Stop and frisk | Comments Off on NY: Stop of man on bike without RS was unreasonable

CT: IAC in cell phone search decided on lack of prejudice, not the merits

Defendant was convicted of accessory to murder. He claimed trial counsel was ineffective for not moving to suppress the 2013 search of his cell phone. Police sought a warrant for the phone, and the DA prepared it. While the papers … Continue reading

Posted in Arrest or entry on arrest, Consent, Ineffective assistance | Comments Off on CT: IAC in cell phone search decided on lack of prejudice, not the merits