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Digital Dirt Blawg

Computer Forensics, Privacy & the Law

arrest

Cerome v. United States, 08-CV-04019 (NGG) (E.D.N.Y. 1-14-2011)

Posted by: Frederick Lane on 08 April 2011

Tagged in: U.S. District Court (E.D. New York) , New York , cellphone , arrest

Alleged Fourth Amendment Error Rejected -- Defendant was convicted of three counts of robbery. Following affirmation of his conviction by the Second Circuit, defendant filed a petition for post-conviction relief, alleging various instances ineffective assistance of counsel.

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United States v. Hernandez, No. CR 08-0730 WHA (N.D. Calif. 1-6-2011)

Posted by: Frederick Lane on 02 April 2011

Tagged in: warrantless search , U.S. District Court (N.D. California) , search warrants , cellphone , California , arrest

Motion to Suppress Granted -- San Francisco police officers observed three men whom they believed to be members of the MS-13 gang standing in front of a restaurant. A no-loitering sign was posted in the restaurant window. The officers watched the men for a few minutes, but observed no threatening or gang-related behavior. The officers approached the men to advise them about the no-loitering policy, and despite the lack of any threatening behavior, conducted a pat-down search of each one.

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