Metropolitan News-Enterprise reports an appellate decision from the Sixth District Court of Appeals in California in People v. Xinos, 11 S.O.S. 782: Police violated the Fourth Amendment rights of a drunk driving/vehicular manslaughter suspect by downloading data from the car’s sensing and diagnostic module without a warrant, the Sixth District Court of Appeal ruled yesterday….
Category: Court
MySpace’s refusal to provide defendant in rape case with victim’s account information upheld by California court
Leagle.com reports an appellate ruling in California where one of the issues involved MySpace’s challenge to a defendant’s subpoena duces tecum for information on the victim’s MySpace account: In this case, and prior to trial, a defendant in a rape case (Mohammad Yaqoob) argued information from the victim’s MySpace account would assist the defense in deciding…
ACS:Law told file-sharing case must continue by court
A controversial law firm that sent letters to alleged illegal file sharers has been told it cannot drop its cases to “avoid public scrutiny”. ACS:Law contacted thousands of people accusing them of illegally downloading movies and songs and demanding payments of £500 to avoid court action. […] The concerns stepped up last month when the…
If it’s Tuesday, your cell phone is a computer
FourthAmendment.com points us to a case in the Eighth Circuit holding that a cell phone is a “computer” for purposes of the U.S. Sentencing Guidelines: United States v. Kramer, 10-1983 (8th Cir. February 8, 2011). Reading the excerpt from the opinion explaining their legal reasoning, I was left wondering, “Well wait…. if a cell phone is…