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New Digital Warrants Undermine Fourth Amendment
Loaded on Jan. 15, 2022
by Anthony Accurso
published in Criminal Legal News
February, 2022, page 36
Filed under:
Digital Devices.
Location:
United States of America.
by Anthony W. Accurso
Two relatively new types of warrants are causing a stir among privacy advocates and defense attorneys who claim the warrants are overbroad and jeopardize the spirit of the Fourth Amendment’s protections.
“Geofence” or “reverse” warrants involve police obtaining a warrant to obtain location information, stored at ...
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More from this issue:
- A Closer Look at Sex Offender Registries, by Casey Bastian
- Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct, by Dale Chappell
- Why Punishing Bad Prosecutors Won’t Fix a Bad System, by James Doyle
- California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences, by David Reutter
- Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States, by Anthony Accurso
- Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression, by Anthony Accurso
- Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses, by Dale Chappell
- SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting, by Douglas Ankney
- New Jersey Directive Provides Relief for Certain Drug Offenders, by Casey Bastian
- California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1), by Douglas Ankney
- Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release, by Douglas Ankney
- Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’, by Douglas Ankney
- Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, by Dale Chappell
- Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief, by Dale Chappell
- Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke, by Douglas Ankney
- Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion, by Douglas Ankney
- Snitch Visas: A Pipe Dream, by David Reutter
- New Digital Warrants Undermine Fourth Amendment, by Anthony Accurso
- California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer, by Douglas Ankney
- FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations, by Douglas Ankney
- Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions, by Anthony Accurso
- Pushback on Police Lying to Obtain False Confessions, by Jayson Hawkins
- Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims, by Douglas Ankney
- Civil Forfeiture Under Fire in Massachusetts, by Jayson Hawkins
- Why Won’t the State of Missouri Release Innocent Men From Prison?, by Casey Bastian
- ShotSpotter Acoustic Detection System Another Example of a Forensic Tool Shrouded in Secrecy and Prone to Questionable Results, by Casey Bastian
- Oregon Bill Makes it More Difficult to Hide Police Misconduct, by Jacob Barrett
- New Study Reveals Digital Forensic Examiners Inclined to Biasability, by Casey Bastian
- Some Cities Taking Holistic Approach to Public Safety, by Casey Bastian
- Criminal Justice Legislation Signed by North Carolina Governor, by Ashleigh Dye
- Government Keyword Searches Revealed, by Jayson Hawkins
- Who You Gonna Call When You Don’t Want the Cops? There’s a Website for That, by Casey Bastian
- D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated, by David Reutter
- Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA, by Dale Chappell
- News in Brief
- Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists, by Dale Chappell
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024. Search warrants, Warrants, Particularity Requirement, Overbreadth, Warrants - General Search, Digital Devices.
- Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, Feb. 15, 2024. Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Electronic Surveillance, Sealing, Application, Warrants - General Search, Digital Devices.
- FBI Works to Expand Court Authority for Its Offensive Cyber Operations, Feb. 15, 2024. Computer Searches, Police State-Surveillance, Electronic Surveillance, Digital Devices.
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, Jan. 15, 2024. Consent, Cell-Phone Location/Tracking Data, Digital Devices, Privacy Act/Rights.
- CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, Dec. 15, 2023. Police Misconduct, Warrantless Searches, Electronic Surveillance, Digital Devices.
- San Francisco Jail First in Nation to Provide Detainees Tablets With Totally Free Content, Oct. 15, 2023. Prisoner Media, TV/Movies, Tapes/Music, Digital Devices.
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, June 15, 2023. Money/Property, Digital Devices, Drug-Tainted Currency.
- Suit Filed to Stop California County From Digitizing Jail Mail, June 7, 2023. Digital Devices, Prison Mail.
- EFF To Google: Stop Rolling Over For Law Enforcement 'Geofencing', Aug. 20, 2021. Electronic Surveillance, Digital Devices, Outrageous Government Misconduct.