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Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy
by Mark Wilson
The United States Court of Appeals for the Eighth Circuit upheld a lower court’s refusal to suppress evidence obtained during a warrantless cellphone search. The Court of Appeals found that an Iowa prisoner did not have an expectation of privacy in his cellphone while serving a supervised ...
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More from this issue:
- Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
- Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
- The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
- Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
- Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
- What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
- Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
- Massachusetts Breathalyzer Malfunctions, Evidence Withheld
- Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
- Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
- Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
- “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
- Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
- 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
- Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
- Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
- Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
- North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
- Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
- Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
- Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
- More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
- Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
- 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
- Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
- Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
- 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
- Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
- In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
- Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
- Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
- Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
- Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
- The Insanity Defense: It’s Not What You Think, by Christopher Zoukis
- Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
- New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
- $5.5 Million Verdict Against Los Angeles Police Department for Taser Death
- Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
- Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...), by Christopher Zoukis
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, by Tara Hoveland, Kent Russell
- Confronting the Myth in Police-Suspect Knife Confrontations, by Derek Gilna
- Yes, Lawsuits Are Expensive—But So Is Police Misconduct, by Antonio Romanucci
- $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
- District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief, by Derek Gilna
- From the Editor, by Richard Resch
- Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
- News in Brief
- Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?, by Derek Gilna
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Alabama Denies Parole to Former Sheriff Convicted of Corruption, April 1, 2024. Misconduct/Corruption, Jail Misconduct, Parole, Release Decisions.
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, Dec. 15, 2023. Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of.
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023. Parole, U.S. Sentencing Guidelines, Parole Conditions, Juvenile Offenses/Offenders.
- Nebraska Parole Board Members Showing Up to Work More Often, July 15, 2023. Parole Board Misconduct, Parole.
- Seventh Circuit Clarifies Calculation of Presumptive Parole Date for Federal Prisoner Sentenced Under Pre-1987 Law, July 15, 2022. Parole, Parole Conditions.
- Maryland Strips Governor’s Power to Overturn Parole Decisions, July 13, 2022. Parole, Parole Conditions.
- Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, June 1, 2022. Parole, Qualified Immunity.
- Massachusetts Medical Parole Cases and COVID-19 Prisoner Deaths, June 1, 2021. COVID-19, Parole, Compassionate Release.
- Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone, Oct. 4, 2020. Retaliation, Searches, Failure to Protect (General), First Amendment, rights.
