Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D.Tenn.: ECPA permits out-of-district search warrants

By John Wesley Hall, Jr.

ECPA, 18 U.S.C. § 2703(a), permits out of district search warrants electronic information where Rule 41 does not. United States v. Kernell, 2010 U.S. Dist. LEXIS 32802 (E.D. Tenn. April 2, 2010).* Violation of a prison directive concerning use of a flashlight during a rectal search does not translate into a § 1983 case. Perez v. New York State Dep't of Corr. Servs., 2010 U.S. Dist. LEXIS 32500 (N.D. N.Y. March 16, 2010).* Detectives were involved in defendant’s stop for a “broken” taillight, and they disagreed whether it was merely a broken lens or actually burned out. If the lens were broken and the light not burned out, that is not a violation of the traffic code. The court finds the government did not prove a burned out taillight, and the stop was invalid...continue to full post

Full post as published by Fourth Amendment on April 06, 2010 (boomark / email).