Supreme Court adopts new rules for cell phone tracking

Lawyer Blog Post 2018/07/01 16:46   Bookmark and Share
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.

The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.

He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”

The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.

The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.

In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.

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Yankton lawyer Jason Ravnsborg wins GOP attorney general nod

Lawyer Blog Post 2018/06/27 16:40   Bookmark and Share
South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general.

GOP delegates voted to nominate Ravnsborg at their state party convention, where the attorney general contest was the main show for attendees. Democrats nominated Seiler as their candidate at a party gathering last week.

Ravnsborg won out over state Sen. Lance Russell in a second round of voting after Lawrence County State's Attorney John Fitzgerald was dropped from consideration following his third-place showing in the initial ballot.

"We've been working hard," Ravnsborg said after he won. "I've been to every county in our state at least twice."

Ravnsborg has proposed expanding programs that allow lower-level prisoners to work while serving their sentences and establishing a meth-specific prison and mental health facility in the western part of the state. He said he has leadership and management experience and touted his support among county sheriffs to delegates.

Ravnsborg, 42, of Yankton, is a lieutenant colonel in the U.S. Army Reserve. He's looking to succeed outgoing Attorney General Marty Jackley as the state's chief lawyer and law enforcement officer.

The high-profile office has served as a frequent springboard for gubernatorial hopefuls and takes on the state's top legal cases, such as South Dakota's recent successful push to get the U.S. Supreme Court to allow states to make online shoppers pay sales tax.

Russell, a former state's attorney and current chairman of the Senate Judiciary Committee, had said he wanted to be attorney general to address rising crime and improve government transparency. Fitzgerald has been the Lawrence County state's attorney since 1995 and campaigned on his experience.

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Man charged in bike path killings speaks in court of 'Allah'

Lawyer Blog Post 2018/06/22 16:49   Bookmark and Share
The man charged with murdering eight people on a New York City bike path and injuring many more spoke out in court Friday over a prosecutor's objection, invoking "Allah" and defending the Islamic State.

Sayfullo Saipov, 30, raised his hand to speak immediately after U.S. District Judge Vernon S. Broderick set an Oct. 7, 2019 date for the Uzbek immigrant's trial.

Earlier, he had pleaded not guilty through his lawyer to the latest indictment in the Oct. 31 truck attack near the World Trade Center. A prosecutor said the Justice Department will decide by the end of the summer whether to seek the death penalty against Saipov, who lived in Paterson, New Jersey, before the attack.

Speaking through an interpreter for about 10 minutes, Saipov said the decisions of a U.S. court were unimportant to him. He said he cared about "Allah" and the holy war being waged by the Islamic State.

At the prompting of Assistant U.S. Attorney Amanda Houle, Broderick interrupted Saipov to read him his rights, including that anything he said in court could be used against him.

"I understand you, but I' m not worried about that at all," Saipov said.

"So the Islamic State is not fighting for land, like some say, or like some say, for oil. They have one purpose, and they're fighting to impose Sharia (Islamic law) on earth," he said.

After Saipov spoke more, Assistant U.S. Attorney Andrew Beaty interrupted him to object that the judge was letting Saipov make the kind of statement publicly that special restrictions placed on him in prison would otherwise prevent, including discussing "terrorist propaganda."

The judge said he believed Saipov was nearing the end of his remarks and let him finish before warning him that he was unlikely to let him speak out in court again in a similar manner. Saipov, though, would be given a chance to testify if his case proceeds to trial and, if convicted, could speak at sentencing.

Saipov thanked the judge for letting him speak but added at one point: "I don't accept this as my judge."

Prosecutors had been seeking an April 2019 trial date. Houle said the families of the dead and the dozens who were injured deserve a "prompt and firm trial date."

"The victims here are anxious now when that trial is going to be," she said. "The public deserves a speedy trial, and the surviving victims deserve to know when that trial is going to be."

Defense lawyers have said the government should accept a guilty plea and a sentence of life in prison without parole to provide victims' families and the public with closure.

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Swedish court: Ghana international to be jailed, deported

Lawyer Blog Post 2018/06/08 11:11   Bookmark and Share
A Swedish court has sentenced a Ghana international to 32 months in prison after Kingsley Sarfo was found guilty of two cases of rape of an under-aged girl.

The Malmo District Court says the 23-year old Sarfo, a midfielder with top Swedish club Malmo FF, had sexual intercourse with a 14-year-old girl in an apartment and in a public toilet.

The court on Friday also ordered Sarfo to pay 150,000 kronor ($17,260) in compensation to the girl, adding he should be deported after jail and banned from returning to Sweden for a 10-year period.

Safro has said his contract with Malmo FF, which he joined in 2016, would be terminated if found guilty. The club said it would comment after next week's board meeting.

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Justices allow Arkansas to enforce abortion restrictions

Lawyer Blog Post 2018/06/03 11:20   Bookmark and Share
The Supreme Court is allowing Arkansas to put in effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.

The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.

The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The 8th U.S. Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.

The legal fight over the law is not over, but the state is now free to enforce the law at least for the time being.

Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.

The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.
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Romania: Court tells president to fire anti-graft prosecutor

Lawyer Blog Post 2018/06/03 11:16   Bookmark and Share
Romania's top court on Wednesday told the country's president to fire the chief anti-corruption prosecutor, widely praised for her efforts to root out high-level graft, but a thorn in the side of some politicians.

The move angered some Romanians. More than 1,500 people gathered in protest in Bucharest, the capital, and hundreds rallied in the western cities of Timisoara and Sibiu calling the court "a slave" of the ruling Social Democratic Party.

The constitutional court ruled in a 6-3 vote that there had been an institutional conflict after President Klaus Iohannis disagreed with the justice minister's assessment that National Anti-Corruption Directorate Chief Prosecutor Laura Codruta Kovesi should be dismissed on grounds of failing to do her job properly.

In his February report calling for her dismissal, the minister, Tudorel Toader, said she was authoritarian, claimed that prosecutors falsified evidence and asserted that the number of acquittals was too high. He also said she had harmed Romania's image in interviews with foreign journalists. Kovesi later refuted his accusations.

Under her leadership, the agency has successfully prosecuted lawmakers, ministers and other top officials for bribery, fraud, abuse of power and other corruption-related offenses.

Kovesi's departure would be a blow to the agency, respected by ordinary Romanians, the European Union and the U.S. The court will explain its ruling later.

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