Suit Over Search on Domestic Delta Flight Advances

A Delta Air Lines jet sits at a gate at Hartsfield-Jackson Atlanta International Airport in Atlanta on Oct. 13, 2016. (AP Photo/David Goldman, File) BROOKLYN, N.Y. (CN) – Civil rights attorneys applauded a federal judge Friday for refusing to dismiss a lawsuit accusing the U.S. government of subjecting passengers on a domestic Delta Airlines to an illegal search. “We don’t live in a show-me-your-papers society,” Hugh Handeyside, senior staff attorney with the ACLU’s National Security Project, said in a statement. “Our clients look forward to getting their day in court and holding the administration accountable when it ignores the Constitution and federal law.” The American Civil Liberties Union and Covington & Burling filed the lawsuit here last year in Brooklyn, about six months after agents U.S. Customs and Border Protection agents required passengers on a Delta flight from San Francisco to New York’s John F. Kennedy Airport to show identification before they could deplane.

Source: Suit Over Search on Domestic Delta Flight Advances

Customs Officers Snooping Through More Travelers’ Electronic Devices Than Ever

US Customs and Border Protection officers are snooping through the contents of more travelers’ electronic devices than ever, and don’t follow protocol 67% of the time , according to a new report by the Department of Homeland Security’s internal watchdog.

Source: Customs Officers Snooping Through More Travelers’ Electronic Devices Than Ever

E.D.Ky.: Searching def’s underwear for drugs at 1:24 am on a virtually empty street that nobody likely saw was not unreasonable

Decisions like these serve to undermine the fourth amendment.  What happened to the idea that a warrantless search was presumptively unreasonable?

 

The officer’s search of defendant’s underwear for drugs at 1:24 am on a dark night and nearly empty street was not a strip search and it was reasonably conducted. Nobody else was close enough to see anything. United States v. … Continue reading →

Source: E.D.Ky.: Searching def’s underwear for drugs at 1:24 am on a virtually empty street that nobody likely saw was not unreasonable

Feds ask court to force Facebook to break Messenger’s end-to-end voice encryption for MS-13 gang probe – Boing Boing

In secret court proceedings, the U.S. government is trying to force Facebook to help wiretap Messenger. Facebook has declined, so the Justice Department is asking a judge for an order of contempt.

“Our sources say the U.S. government has gone to court to force Facebook to break what it says is end-to-end encryption in Messenger voice calls,” says Joseph Menn of Reuters.

“Echos of San Bernardino iPhone case,” says the piece’s co-author Dan Levine.
— Read on boingboing.net/2018/08/17/feds-vs-facebook.html/amp

They are wanting to hold a company in contempt because the company objects to being forced to basically work for the government.

[Orin Kerr] Public Utility’s Recording of Home Energy Consumption Every 15 Minutes Is A “Search,” Seventh Circuit Rules

An important ruling in the wake of Carpenter v. United States. In a fascinating new decision, Naperville Smart Meter Awareness v. City of Naperville, the Seventh Circuit has held that a public utility commits a “search” of a home when it records every 15 minutes how much electricity the utility is providing the home, at least until the smart readers that enable this data collection come into general public use.

Source: [Orin Kerr] Public Utility’s Recording of Home Energy Consumption Every 15 Minutes Is A “Search,” Seventh Circuit Rules

Iowa Supreme Court Closes Warrant Loophole, Slams U.S. Supreme Court For Weakening Fourth Amendment

By this time, another officer, Bernard Eckert from the Newton Police Department, had arrived to perform an inventory search of the car and catalogued what was inside the vehicle. Neither officer had a warrant. During the search, Eckert found a small black cloth bag next to the gas pedal and opened it, revealing a glass pipe and one gram of meth.

Source: Iowa Supreme Court Closes Warrant Loophole, Slams U.S. Supreme Court For Weakening Fourth Amendment

Bugging conversations between criminal defendants and their lawyers is bad news

Explanations in defense of the recording basically boil down to this: The law allows law enforcement agencies to bug jail cells, the criminal courthouse is essentially an extension of the jail, the conference room sometimes holds defendants without their lawyers, recording the attorney-client conversation was inadvertent, they didn’t listen to the recording and don’t plan to, and it’s no big deal.

Source: Bugging conversations between criminal defendants and their lawyers is bad news