Daily Archives: January 8, 2025

E.D.La.: ALPR tracking of def’s vehicle to connect to a robbery wasn’t 4A violation

Defendant’s argument ALPR tracking of her vehicle connecting it and her to a Hobbs Act bar robbery in New Orleans is akin to CSLI is rejected. There aren’t that many cameras in the city, and the information produced was really … Continue reading

Posted in Automatic license plate readers, Surveillance technology | Comments Off on E.D.La.: ALPR tracking of def’s vehicle to connect to a robbery wasn’t 4A violation

N.D.Cal.: Violation of CalECPA has nothing to do with federal rights

Violation of CalECPA has nothing to do with federal rights. United States v. Wenger, 2025 U.S. Dist. LEXIS 1331 (N.D. Cal. Jan. 3, 2025). At the time of the warrant, it was not established that the accused had to have … Continue reading

Posted in Excessive force, Qualified immunity, Reasonableness, Unreasonable application / § 2254(d) | Comments Off on N.D.Cal.: Violation of CalECPA has nothing to do with federal rights

TN: Def’s yelling “police” and turning back from door justified immediate entry on fear of destruction of evidence

When police knocked at defendant’s door, he yelled “police” and turned back inside the house, they feared to warn others or destroy evidence. “Here, based upon the totality of the circumstances, the record shows that the officer had a reasonable … Continue reading

Posted in Emergency / exigency, Qualified immunity, Reasonable suspicion | Comments Off on TN: Def’s yelling “police” and turning back from door justified immediate entry on fear of destruction of evidence

W.D.Wash.: Hypothetical 4A violation from civil investigative demand doesn’t confer Art. III standing

Hypothetical future Fourth Amendment injury from a state AG’s civil investigative demand doesn’t confer Art. III standing. Obria Grp., Inc. v. Ferguson, 2025 U.S. Dist. LEXIS 1166 (W.D. Wash. Jan. 3, 2025). “Here, a common-sense review of the warrant affidavit … Continue reading

Posted in Informant hearsay, Issue preclusion, Probable cause, Standing, Subpoenas / Nat'l Security Letters | Comments Off on W.D.Wash.: Hypothetical 4A violation from civil investigative demand doesn’t confer Art. III standing