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First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit held that a search wherein FBI agents lied about an emergency in order to gain consent to search a suspect’s computers violates the Fourth Amendment.
On October 23, 2013, ten FBI agents arrived at the home shared by ...
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More from this issue:
- News in Brief
- Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
- Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
- Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
- The Many Pitfalls Associated With Police Lineups, by Edward Lyon
- Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
- If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
- Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
- Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
- Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs, by John W. Whitehead
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- McDNA: The DNA Testing Equivalent to Fast Food, by Edward Lyon
- Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
- Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment, by Douglas Ankney
- DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, by Steve Horn
- Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
- Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
- Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
- Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
- Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
- Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing, by Dale Chappell
- NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements, by Douglas Ankney
- First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation, by Anthony Accurso
- Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
- Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
- Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
- Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, by Punch & Jurists
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court, by Douglas Ankney
- Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable, by David Reutter
- Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader, by Douglas Ankney
- The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions, by Chad Marks
- Portion of Illinois Sex Offender Law is Unconstitutional, by Douglas Ankney
- Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment, by Douglas Ankney
- First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful, by Douglas Ankney
- Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment, by David Reutter
- Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction, by Douglas Ankney
- Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, by Michael Berk
- Misconduct by prosecutors is rampant — how do we deter it?, by Mike Fawer
- Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award, by Edward Lyon
- Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation, by Douglas Ankney
- Habeas Hints: Discovery on Habeas Corpus, by Tara Hoveland, Kent Russell
- Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, by Douglas Ankney
- Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned, by Jack Gillum
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias., Sept. 15, 2025. Forensic Sciences, Fourth Amendment, rights, DNA Evidence, Advanced Imaging Technology.
- Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows, July 1, 2025. Searches, Search and Seizure, Warrants, Continuing Financial Crimes Enterprise (CFCE), Domestic Financial Institution.
- Colorado Supreme Court Announces Police Facilitating Drug-Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment, July 1, 2025. Fourth Amendment, rights, Drug-Sniffing Dog, Automobile Searches/Seizures.
- Seven TDCJ Prison Guards Arrested in Alleged Smuggling Ring, June 1, 2025. Guard Misconduct, Searches, Prison Conditions.
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, May 15, 2025. Shootings, Police--Excessive Force, Excessive Force (Police), Fourth Amendment, rights.
- The FBI’s Encrypted Phone Sting, April 15, 2025. Cell Searches, FBI, Police State-Surveillance, Electronic Surveillance.
- FBI Pressured Forensic Science Group to Censor Critical Workshops, Emails Reveal, March 15, 2025. FBI, Forensic Sciences, Education and Vocational Skills/Training.
- The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, Sept. 1, 2024. FBI, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Cell Site Location Information ("CSLI").
- FBI Encourages Use of Controversial Surveillance Program Despite Misuse, Aug. 1, 2024. FBI, Electronic Surveillance, Police/Govt Misconduct.
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.