As mobile digital technology becomes a constant feature of our lives, we place a great deal of trust—both as citizens and as consumers—in the companies that manufacture and maintain our mobile devices. Mobile phones, particularly smartphones, host massive amounts of personal information, which could be vulnerable to hackers without robust security measures. Maintaining the privacy of this information against warrantless intrusions by law enforcement is also critically important. Many smartphones use encryption to protect their data, and the security they provide is supposedly strong enough that even the manufacturers cannot obtain access without the phone owner’s permission. This led to a controversy in early 2016, when a federal court ordered Apple, creator of the iPhone, to help the FBI beat its encryption system on one particular device. In the Matter of the Search of an Apple iPhone, No. 5:15-mj-00451, order (C.D. Cal., Feb. 16, 2016). The company fought…
Understanding the FBI’s Attempt to Be Able to Search Anyone’s Cell Phone, Part 1
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Understanding the FBI’s Attempt to Be Able to Search Anyone’s Cell Phone, Part 2
A conflict that developed in early 2016 between the federal government and Apple, the manufacturer of the smartphone model known as the iPhone, has important implications for Fourth Amendment rights in digital technology. FBI investigators sought to compel the company’s assistance in accessing an iPhone’s encrypted contents. In the Matter of the Search of an Apple iPhone Seized during the Execution of a Search Warrant on a Black Lexus IS300 (“In re iPhone”), No. 5:15-mj-00451, ex parte application (C.D. Cal., Feb. 16, 2016). Apple’s CEO refused to comply, stating that it would have a far broader impact than the case at hand, and it would likely put the data security of all of its users at risk. Although the government dropped the case when it found an alternative means of accessing the phone’s contents, a similar situation is certain to occur at some point in the future. The cellphone at the center of the current case was found in a vehicle…
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Supreme Court Ruling Could Have Major Impact on Fourth Amendment Rights During Police Searches
The U.S. Supreme Court issued a ruling in late June 2016 that limits a critical constitutional right in criminal cases. Utah v. Strieff, 579 U.S. ___ (2016). Under the “exclusionary rule,” a court must exclude evidence obtained by police in violation of a defendant’s Fourth Amendment rights against warrantless searches and seizures. In this case, a 5-3 court decision held that the exclusionary rule did not apply when a police officer unlawfully detained someone but discovered an unrelated arrest warrant prior to searching them. Several justices sharply dissented, with one stating that this ruling creates “unfortunate incentives for the police.” Id. at 6 (J. Kagan, dissenting). A defendant may move to suppress evidence allegedly obtained in violation of their rights. This type of evidence is sometimes known as the “fruit of the poisonous tree,” since it derives from an unconstitutional action. See Nardone v. United States, 308 U.S. 338,…
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State Supreme Court Rules that a Dog Is Not “Property” Under the Fourth Amendment in Animal Cruelty Case
The Fourth Amendment to the U.S. Constitution protects people’s privacy in “their persons, houses, papers, and effects.” Domesticated animals have been the subject of numerous unlawful seizure claims in animal cruelty cases. A recent decision by the Oregon Supreme Court addressed a different sort of claim. A defendant argued that police violated her Fourth Amendment rights by drawing blood from her dog without a warrant, essentially claiming that this was an unlawful search of her property. The court disagreed, ruling that a dog is not merely personal property in this legal context. State v. Newcomb, 359 Or. 756 (2016). Texas has separate cruelty laws for “livestock animals,” including horses and cattle, Tex. Pen. Code § 42.09; and “nonlivestock animals,” which consists of any “domesticated living creature” like a dog, cat, or hamster, id. at § 42.092. Both statutes make it an offense to “fail[] unreasonably…
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Medical Marijuana Laws Cause Shifts in Court Rulings on Marijuana Odor and Probable Cause for Search Warrants
In order to obtain a search warrant, a police officer must have probable cause to suspect that a search will turn up contraband, such as illegal drugs, or other evidence of criminal activity. The odor of marijuana is a very commonly claimed basis for probable cause. As more and more states adopt laws permitting marijuana use for medical or recreational purposes, courts must review whether the “odor of marijuana” is still so definitive for this purpose. Texas’ medical marijuana law is extremely limited, but many states now allow medical patients with a valid prescription to smoke marijuana. The Arizona Supreme Court recently ruled on a defendant’s challenge to a search warrant based on marijuana odor. The state appellate court reversed his conviction in 2015, citing the medical marijuana law. The state supreme court vacated most of that ruling, with some important caveats for the police. State v. Sisco, No. CR-15-02656-PR, slip op. (Ariz., Jul. 11, 2016).…
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Search of Vehicle Violates Fourth Amendment When Based Solely on License Plate from State with Legal Marijuana
Before stopping a vehicle, police must have reasonable suspicion that the stop will reveal evidence of a criminal or traffic offense. In order to search a vehicle or its occupants, they must have probable cause, which is subject to a higher level of scrutiny than reasonable suspicion. The Fourth Amendment guarantees these rights. A recent court case addressed whether police in a state where marijuana remains illegal may search a vehicle solely because of license plates from a state where it is legal. While the district court found that no actionable violation occurred, an appellate court found that this was a violation of the Fourth Amendment. Vasquez v. Lewis (“Vasquez I”), No. 5:12-cv-04021, mem. order (D. Kan., Nov. 26, 2014); No. 14-3278 (“Vasquez II”) (10th Cir., Aug, 23, 2016). Defendants may move to suppress evidence obtained in violation of their Fourth Amendment rights in criminal cases. Many important decisions restricting law…
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E.D.N.Y.: Fact officer went back and looked again doing inventory didn’t prove it was investigative
The fact the officer doing the inventory went back and looked again because he thought he missed something or value doesn’t prove that the inventory was unreasonable. United States v. Williams, 2016 U.S. Dist. LEXIS 117530 (E.D.N.Y. Aug. 31, 2016): … Continue reading →
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Man Charged With DUI After Crashing Car Into Pasco County Home
A 23-year-old Hudson man was arrested and charged with DUI with property damage after he allegedly crashed into a home overnight. According to FHP, the man was traveling northbound on Balsam Avenue approaching the intersection of Shadow Lake Boulevard around 2:20 a.m. Troopers claim he failed to slow or stop and collided with a posted stop sign and then the front of a home on the 13000 block of Shadow Lake Boulevard. The crash caused an estimated $75,000 worth of damage to the home and caused minor injuries to the 71-year-old occupant of the home. The man is also facing careless driving charges. The man was a probationary Sheriff’s County deputy in Pasco, working in corrections since 2013. He has resigned following his arrest. The penalties attached to a DUI include community service, license suspension, probation, jail and even drug and alcohol treatment. Beyond these penalties, a person facing a DUI with property damage can also face $1,000 in fines and up to one year…
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Tavares School Janitor Accused Of Poisoning Coworker Over Promotion
A Tavares High School janitor has been accused of poisoning his coworker last week after she received a job promotion he wanted, according to the Lake County Sheriff’s Office. The 39-year-old was arrested Friday on a poisoning charge after a fellow custodian reported to a school resource deputy that she suspected she had been poisoned, according to reports. The woman, the school’s lead custodian, told investigators she believed the man wanted a job promotion and he had been trying to get her in trouble. She told deputies she had sipped a Coca-Cola that she had bought from Wendy’s and had left unattended on her office desk. After sipping the drink, she said her throat started to burn and she had trouble breathing. The woman said she recognized the odor, saying it was similar to that of a commercial floor stripper that was near her desk. When investigators tested the Coke, they found chemical levels consistent with ingredients of the floor stripping product.…
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Rounding up some recent commentary on recent Brock Turner controversies
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"Non-Adversary Prosecution"
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E.D.Pa.: Probable cause did not become stale as defendant drove from Philadelphia to Erie with drugs
Probable cause did not become stale as defendant drove from Philadelphia to Erie with drugs. United States v. Andino, 2016 U.S. Dist. LEXIS 117097 (E.D.Pa. Aug. 31, 2016). “The fifteen minute period between Defendant’s initial stop and the contested canine … Continue reading →
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N.D.Cal.: Sweating and nervous def was not RS for a parole search
That defendant was sweating and nervous was not reasonable suspicion for a parole search. United States v. Hopkins, 2016 U.S. Dist. LEXIS 117742 (N.D.Cal. Aug. 31, 2016). The government’s surveillance supports the conclusion there was probable cause for the search … Continue reading →
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"Marijuana legalization is having an incredible impact on illegal marijuana use"
The title of this post is the headline of this interesting new Business Insider article, which includes these excerpts: With legal allowances for both medical and recreational use on the rise all over the US, the favored illegal drug of Americans has never looked more professional. That's because the business...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/HhM4y7qbWzc" height="1" width="1" alt=""/>
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Probable Cause in DUI Cases
"Probable cause" is a phrase you've probably heard thrown a lot in movies and television, but its importance in actual criminal cases cannot be overstated. Essentially, probable cause is the legal concept that allows police officers to stop and search citizens when there is observable evidence that a crime has occurred, is about to occur, or is being perpetrated. Even in drunk driving cases, probable cause can mean the difference between a conviction and dismissing the case against the accused. Probable Cause in DUI Cases When it comes to DUI cases, probable cause means that officers on the road need to witness (or otherwise detect) verifiable signs that a driver may be intoxicated. This can happen while observing the driver operate their vehicle or during a stop that was initiated for another reason (such as speeding or a broken taillight). Examples of probable cause in drunk driving cases include: Swerving, drifting, or other erratic driving…
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//blawgsearch75.rssing.com/chan-6519914/article19796-live.html
US v. Carey, No. 14-50222 (9-7-16)(Gould w/Fletcher; dissent by Kozinski). We know about "plain view," what about "plain speaking"? That is the issue here, where the majority vacates the denial of a suppression motion and remands to determine when the agents, on a wiretap, realized the conversation was about a different conspiracy. Oh yes, the conversations stretched over 7 days, involving indicted and unindicated co-conspirators. Dissenting, Kozinski agrees with "plain hearing," but does not think the remand should be on an "open record." The agents had declared that they believed the conspiracies were related and only realized they weren't after a traffic stop. The defendant could have contested this declaration at the hearing but did not.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2016/09/07/14-50222.pdf
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Feds file motion seeking to limit how jury might consider mercy in capital trial of Charleston mass murderer Dylann Roof
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52 Month Sentence in Loan Modification Fraud
Mehdi Moarefian, also known as “Michael Miller,” 37, Irvine, California, was sentenced by U.S. District Judge Stefan R. Underhill in Bridgeport, Connecticut, to 52 months of imprisonment, followed by three years of supervised release, for participating in an extensive mortgage loan modification scheme. Moarefian also was ordered to pay restitution in the amount of $2,390,496.59. […]
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EÖBV - Anpassung
Der Bundesrat plant die Anpassung der Verordnung über die Erstellung elektronischer öffentlicher Urkunden und elektronischer Beglaubigungen (EÖBV; SR 943.033). Ziel ist es, die Digitalisierung der öffentlichen Urkunden und Beglaubigungen voranzutreiben und die Rechtssicherheit der elektronischen Dokumente zu stärken. Eine wesentliche Änderung dabei ist, dass neben Notarinnen und Notaren auch andere Urkundspersonen (z.B. Zivilstandsbeamte, Mitarbeiter der Handelsregisterbehörden, Grundbuchverwalter) den Bestimmungen der EÖBV unterstellt werden sollen. Der Bundesrat hat dazu die Totalrevision der Verordnung bis am 7. Dezember 2016 in die Vernehmlassung geschickt. Geplant ist das Inkrafttreten auf den 1. Januar 2018. Adrian Mühlematter http://www.lawblogswitzerland.ch
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RCC North Template R1&2
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO CASE # L16001197 --------------------- PRESS RELEASE ----------------------------- DATE: 09/08/2016 TIME: 7:46 AM LOCATION: SB US95 MP 289.9 (Culdesac) ASSISTING AGENCIES: VEHICLE #1 ------------- DRIVER: Melanie D. Nitz AGE: 44 ADDRESS: Ellensburg, WA INJURIES: No HOSPITAL/LOCATION TAKEN: N/A VEHICLE: 1998 Mack Dump Truck WRECKER: N/A SEATBELT WORN: No ------------- Pedestrian #1 ------------- PEDESTRIAN: James D Peters AGE: 60 ADDRESS: Chattaroy, WA INJURIES:…
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