Category Archives: Search & Seizure

Essays on the issues of Search & Seizure

The Saturday Podcast – Inadvertent DNA



 

DNA022415-800x500In Maryland, the High Court rules that a man who sweated on a chair and was convicted of rape based on that DNA sample, which he declined to give voluntarily. Does this mean that we have to wear clean suits everywhere from now on? The two conditions the Court says are necessary to satisfy the 4th Amendment. What lessons are there for us based on the idea that inadvertently shed DNA is now open game for Law Enforcement?


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DEA Used a Woman’s Private Photos to Catfish Drug Dealers on Facebook

The DEA used her Cell phone to get the pictures to set up a phony Facebook page to lure Drug Dealers. So the questions are (a) was there a warrant to search the phone? (b) Was there a warrant to seize the pictures? (c) Are there not privacy issues here?

The Government “settled” the case without admitting any wrongdoing.

Comments?

An Anonymous Tip

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

AMENDMENT IV

The LPOV takes the show on the road to the VFW Hall in Turlock to have the show in front of a live audience.

An anonymous tip leads the stopping, searching and subsequent arrest of two men in California. Later the Supreme Court will take up the question as to whether or not an anonymous tip is sufficient probable cause to have stopped the truck, leading to the search and the arrest? Moreover, if the Court says that it is, what is the long-range effect on American Society? A live audience means questions and interactions!

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