Daily Status Conference

• "Don't record me Bro!" The US Supreme Court refuses to consider the appeal of a Second Circuit opinion striking down parts of an Illinois statute which made it a felony to record police officers performing their duties in public. Chicago Tribune - Supreme Court rejects plea to ban taping of police in Illinois
• "Back to the Future." Congress to consider updating the Electronic Communications Privacy Act to provide protection for cell phone users. Someone better get on the CB and warn Sen. McCain to hide his beeper. Legality of Warrantless Cellphone Searches Goes to Courts and Legislatures - NYTimes.com
• "The drones are coming." The 60 member "drone caucus" of the House of Representatives is considering a flood of applications to open up the skies for more drone usage. I'm sure they won't be influenced by the $8 billion in campaign contributions they have received from drone companies. Drone makers push Congress to open skies to surveillance - Houston Chronicle
• A: 25. Q: "How many people can your police department shoot before drawing the attention of the Feds?" US Justice to launch probe into Albuquerque police - SFGate
• "Bar cards? We don't need no stinkin' bar cards!" Defense in Rilya Wilson trial asks for mistrial based on prosecutor’s standing with Florida Bar - Miami-Dade - MiamiHerald.com

Posted with Blogsy

"Is a cell phone really a pair of trousers?"

That’s the question addressed recently by a Texas Court of Appeals. The Court upheld the district court’s suppression of photos obtained when police searched a young man’s cell phone without a warrant while he was being held in jail on a very minor misdemeanor offense. The State appealed, arguing that since the phone was in the property locker at the jail, the search was no different than if the officer had looked at the man’s clothing from the same locker. The Amarillo Court of Appeals disagreed:

While assaults upon the Fourth Amendment and article I, § 9 of the United States and Texas Constitutions regularly occur, the one rebuffed by the trial court here is sustained.  A cell phone is not a pair of pants.

[The opinion also includes a great reference to Captain Kirk for all you Trekkies out there.]

State v. Granville, No. 07-11-0415-CR (Tex.App.-- Amarillo 2012).

H/T Paul Kennedy at The Defense Rests