Cops can force you to unlock a phone with Touch ID during a search, judge rules – BGR

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A district court in Illinois has ruled (full text of ruling) that law enforcement may force people to use their fingerprints to unlock Apple devices during the search of a house. The ruling overturns a decision from a lower court, and marks a significant increase in the steps cops can take to force people to unlock devices.

The ruling only applies in one particular case, with a very specific set of circumstances. Police officers had already obtained a warrant to search a house, looking for child pornography. They expected to find at least one iPad and one iPhone on the premises, and wanted to be able to force any occupants found on the premises to unlock the devices using Touch ID during the search.

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Federal Judge Rules Handcuffing Little Kids Above Their Elbows Is Unconstitutional | HuffPost

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U.S. District Judge William Bertelsman of the Eastern District of Kentucky ruled Wednesday that the method Sumner used to handcuff the children was “unreasonable and constituted excessive force as a matter of law (full text of decision).” The judge wrote in a lawsuit filed by the ACLU that “the video belies” Sumner’s claim that the cuffs’ chain was as wide as the young boy’s torso and that the court had to adopt the video as fact over the word of the officer.

Law firm’s automatic deletion of spam emails is blamed for failure to file timely appeal–ABA Journal

A Florida law firm’s failure to appeal an order assessing attorney fees doesn’t constitute excusable neglect when its email system apparently perceived the order to be spam and erased it, a Florida appeals court has ruled.
The Aug. 10 decision by Florida’s First District Court of Appeal is being touted as a cautionary tale for lawyers, Law.com (sub. req.) reports.

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Donald Trump’s lawyers fail at basic lawyering: Privacy – Salon.com/NYTIMES

–Salon.com

President Donald Trump may be focusing on how to wriggle out of the Russia scandal that threatens to envelop his administration, but in order to do that, his legal team will first need to get their proverbial house in order.

Exhibit A: The fact that Trump lawyers Ty Cobb and John Dowd were overheard by New York Times reporter Kenneth Vogel dishing over their frustrations with the administration’s legal strategy.

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By PETER BAKER and KENNETH P. VOGEL–NYTIMES
The friction escalated in recent days after Mr. Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington steakhouse. Mr. Cobb was heard talking about a White House lawyer he deemed “a McGahn spy” and saying Mr. McGahn had “a couple documents locked in a safe” that he seemed to suggest he wanted access to. He also mentioned a colleague whom he blamed for “some of these earlier leaks,” and who he said “tried to push Jared out,” meaning Jared Kushner, the president’s son-in-law and senior adviser, who has been a previous source of dispute for the legal team.
 

Chemerinsky brief argues Trump’s pardon of Arpaio is void–ABA Journal

BY DEBRA CASSENS WEISS

A proposed amicus brief filed Monday argues that President Donald Trump’s pardon of Sheriff Joe Arpaio is void because it violates the Constitution. The brief (PDF) was submitted to a federal judge in Phoenix who is considering whether the pardon, issued before Arpaio had a chance to appeal his contempt conviction, requires her to vacate the conviction, Law.com (sub. req.) reports.

EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border | Electronic Frontier Foundation

Boston, Massachusetts–The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) sued (full text of complaint) the Department of Homeland Security (DHS) today on behalf of 11 travelers whose smartphones and laptops were searched without warrants at the U.S. border.

The plaintiffs in the case are 10 U.S. citizens and one lawful permanent resident who hail from seven states and come from a variety of backgrounds. The lawsuit challenges the government’s fast-growing practice of searching travelers’ electronic devices without a warrant. It seeks to establish that the government must have a warrant based on probable cause to suspect a violation of immigration or customs laws before conducting such searches.

Read more of press release….

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NY High Court Rejects Constitutional Right to Assisted Suicide | New York Law Journal

Josefa Velasquez, New York Law Journal

 
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Full Text of Decision:   Myers v. Schneiderman

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“Our Legislature has a rational basis for criminalizing assisted suicide, and plaintiffs have no constitutional right to the relief they seek herein,” the Court of Appeals, affirming the ruling by the Appellate Division, First Department (NYLJ, May 4, 2016) and acting Manhattan Supreme Court Justice Joan Kenney (NYLJ, Oct. 21, 2015).
 
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