Background When Arthur Lange zipped past police – windows down, music blaring, horn honking – police got suspicious, and their suspicions only grew when Mr. Lange, ignoring the lights and loud commands to pull over, drove on. He pulled into his driveway and stumbled...
On November 25, 2019, the California Supreme Court overturned a 17-year-old exception to the Fourth Amendment’s warrant requirement. People v. Lopez holds “that the desire to obtain a driver’s identification following a traffic stop does not constitute an independent,...
Criminal Law Update: Summer 2018 Introduction Last month, the Supreme Court of the United States issued a monumental, long-awaited decision on privacy rights, Fourth Amendment, and digital data. In United States v. Carpenter, the Court ruled that to access an...
#Stingrays can apparently record calls as well? According to documents obtained by the ACLU, indeed they can: http://www.wired.com/2015/10/stingray-government-spy-tools-can-record-calls-new-documents-confirm/ This is the world we live in! In better news, Jayne Law...
Summarized beautifully in this blog: http://justsecurity.org/12219/scotus-cell-phone-searches-digital/
In United States v. Lopez-Cruz, the 9th Circuit held last week that a police officer may not answer a person's cell phone and impersonate that individual based on consent to look at a phone. In the case, Lopez-Cruz was stopped by agents near the Mexico border and he...
In People v. Burton, the Appellate Division of the Ventura County Superior Court, held that a defendant's misdemeanor arrest for DUI which was not committed in the officer's presence did not violate the Fourth Amendment. In the case, a witness observed Mr. Burton...
In United States v. I.E.V., a Juvenile Male, the Ninth Circuit reiterated the parameters of a frisk pursuant to a Terry stop. The facts of the case involved a male (juvenile) passenger of a car which was detained due to an alert by a drug-sniffing dog. The officers...
The United States Supreme Court ruled unanimously this past January that attaching a GPS device to suspect’s car constitutes a search within the meaning of the Fourth Amendment, and thus requires a valid search warrant. The case, United States v. Jones, arose when the...
A District Court judgment was upheld by the Ninth Circuit Court on Monday, October 18th. The Court held that the admission of marijuana evidence, found in a mailed package delayed twenty-two hours as a result of the remoteness of the site from canine investigation,...