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Most recents (24)

When hotel staff called 911 reporting unconscious man in hotel room, 3 hrs after checkout, & police came to scene and saw drugs, evidence is suppressed: The man retained 4A rights in the room, & officer's staying after medics came exceeded exigent circ. supremecourt.ohio.gov/rod/docs/pdf/6… #N
Dissent: The man no longer had an REP in the room. (I think the dissent is likely right on this.)
The hotel checkout cases are pretty interesting, I think. Last I looked into this, most courts say that there's a grace period, following typical social norms of hotel usage, so your REP doesn't expire immediately at checkout time. But some cases say checkout time controls.
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I want to talk about the “7 Deadly Sins” ..

So much has been altered Throughout time that has basically kept everyone/MOST living in A state of fear of actually LIVING, divided & easily controlled .. Not to mention, so much contradiction was added.

Everyone makes mistakes,
Mistakes Can be learned from.
Sin is self reflection of the mind & soul, being able to forgive ones self is important for those who carry the weight of “sin”, but what it “sin” ?
The world has been separated by class, religion, race, Cree & so much more.

Think of this for an
Example;
Many poor Individuals see all these wealthy “stars”(some puppets doing all that they do/show the masses on purpose pushing them into agendas) living their extravagant life styles (by design) & want what they have. Many know they will never be able to achieve those riches
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Excel Skill and Concepts a Data Analyst Should Know
Check this 🧵🧵🧵 for more details
Kindly RT 🙏
It is always encouraged that a data analyst should learn how to use Excel or other spreadsheet app to work with data. As a matter of fact, Excel is the closest tool to understanding complex challenges in your Journey.
If you can do it with Excel, you can figure it out for others
Mastering Excel is a Journey and what you end up knowing still depends hugely on your role.
I will however highlight some concepts you should be familiar with as a Data Analyst in Excel.
Note: It is not sufficient to be familiar with them, you should Know WHEN TO USE THEM.
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Judge Readler, dissenting today in a qualified immunity case. opn.ca6.uscourts.gov/opinions.pdf/2… #N Image
Here are the facts of the case from the majority opinion, which began with a 911 call from the house about an "unwanted person" at the house who was suffering from mental health issues. ImageImage
The majority (per Judge Clay, joined by Judge Moore) focused on the fact that the officer knew that the man was suffering from mental illness and had no reason to think the man was armed. From the majority opinion: ImageImage
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Что писать в рюзюме, чтобы проходить роботов в том числе человекоподобных.
Я бы советовал писать резюме на одну страницу. Это не обязательное требование, однако есть две причины, почему именно так.
Во-первых, одностраничный формат естественным образом заставляет рассказать только о значимых достижениях — у вас просто не остаётся места на все те классные редизайны, которые вы сделали.
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1st Circuit panel overturns 1989 circuit precedent that had held a protective sweep requires evidence that the officers were actually motivated by public safety. Intervening SCT caselaw makes clear 4A is objective, not subjective.

Thread.

media.ca1.uscourts.gov/pdf.opinions/2… #N Image
Although 3-judge panels normally can't overturn 3-judge panel precedents, CA1 caselaw allows it when intervening relevant but not controlling authority suggests the old panel would have come out differently. Image
On the merits, I disagree with the panel's view that modern 4A rules are generally objective w/r/t police conduct. As I explained in this recent article, there are a lot of subjective rules, many of them very recent. texaslawreview.org/wp-content/upl… Image
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Provider-deleted files and contents are not protected by the Stored Comm's Act, DDC rules per MJ Faruqui. In effect, if a provider moderates contents, all private messages and e-mails deleted can be freely disclosed and are no longer private.

Thread.
context-cdn.washingtonpost.com/notes/prod/def… #N
First, some context. Back in 2018, Facebook deleted a bunch of accounts run by the Myanmar government because it was spreading disinformation on Facebook. Later, the Gambian government sued the Myanmar government in the International Court of Justice.
The Gambian govt is trying to get the contents of the accounts that Facebook deleted to show Myanmar's disinformation campaign. It is using a federal statute that allows discovery from the US to aid in foreign litigation to get it. (context: akingump.com/a/web/106630/a…)
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"Se você tem 10 milhões de reais, você é meio pobre!"

Essa foi a frase do vídeo do @FeCastanhari que viralizou. É uma frase completamente errada que ensina coisas erradas e sugere políticas públicas erradas...

O que ele deveria ter dito para não desinformar o brasileiro?
Basicamente ele diz que o #N° 1 do Brasil é o Eduardo Saverin com R$ 97 bilhões.

E continuar dizendo que Silvio Santos - que tem R$ 1,7 bilhão - está bem mais próximo de quem não tem nada do que do Saverin.

E por isso quem tem uma Land Rover - um carro de R$ 500 mil - é pobre.
Mas vamos usar um outro exemplo.

Imagine que você colocasse todos os brasileiros em uma fila gigante por ordem de renda. Dos mais ricos aos mais pobres.

No ponto mais ao norte do país - Oiapoque - você coloca os mais ricos. No outro extremo sul - Chuí - estarão os mais pobres.
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Important and (I think) surprising decision from Mass. SJC: Reviewing body-worn camera footage taken inside suspect's house is a separate 4th Amend search, and it's unlawful to review the footage later for a different reason w/o a warrant.

Thread.
mass.gov/files/document… #N
In the case, officers were asked to enter a home in response to a domestic disturbance by someone who lived there. An officer was wearing a body-worn camera that recorded what the officer saw. The SJC holds that isn't an additional search: The camera saw what the officer saw.
If I follow the facts correctly, the body-worn camera footage was then made available to other officers, including an officer who was already conducting a gang-related investigation into someone at the house. The footage showed the suspected gang member holding a gun.
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SD Indiana: University tracking movements of students using their ID cards, assuming it's a search, is not "unreasonable" under a balancing approach to reasonableness. I find this op a bit puzzling, quick thread. ecf.insd.uscourts.gov/cgi-bin/show_p… #N Image
The court seems to think that reasonableness in 4A law always requires a balance, and does a balance here. But that's not how it works: Reasonableness might require a warrant, or just notice, or something else, depending on the circumstances. We need to know, why balancing?
Also, some of the reasonableness balancing seemed to reflect Carpenter-like reasoning that was more about what amounts to a search under Carpenter and the CA7's ruling in Hammond. Those boxes don't readily mix, I think.
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Missouri SCT: Where warrant for cell phone authorized search of suspect's house for his phone, agents could not seize phone when the suspect was at the station house; warrant to search phone doesn't allow later search through it. (Odd --thread below) courts.mo.gov/file.jsp?id=18… #N
This result seems odd to me. First some context. Computer searches tend to have two stages: the physical search stage when the device is found and seized, and then the electronic search stage when the device is searched. papers.ssrn.com/sol3/papers.cf…
As I explained in the article linked to above, this creates some puzzles for how to draft computer warrants. Should the warrant's "place to be searched" describe the place where the physical search stage will occur, or the electronic search stage?
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Defendant: The govt seized my package from FedEx by taking it off the conveyor belt, moving it 200 feet, and having a drug-sniffing dog sniff it.

CA8: FedEx has an agreement with the feds letting them do this, so it's not a seizure from FedEx.

ecf.ca8.uscourts.gov/opndir/21/08/2… #N
I find this opinion a bit puzzling. I would think the issue is whether the govt interfered with the sender/receiver's rights, not whether it was a seizure *from FedEx.* Precedent had said the latter was a 'factor' in an inquiry into the former.... /2
, but I don't think looking to specific 'factors' should replace the overall inquiry. Interesting issue, though. /3
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0/N The other day, I took part in a writing retreat, and it was nice to see that lot of the practices I use were promoted throughout the day.

Here there are a couple of things I was reminded of on the day. 🧵
1/ [[Warm Up]]
Get the momentum going!
How many times do you find yourself slowing down and second thinking about what you are writing?
Warming up, you build up enough momentum to stick to writing mode, reducing the chances of changing to editing mode.
2/ A website that I find very useful for free writing is
The Most Dangerous Writing App
squibler.io/dangerous-writ…
- set a timer
- (optional) choose a prompts
- write without stopping. If you do, you lose all of your progress.
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Major 4th Amendment ruling from the en banc CA4: The specifics of Baltimore's aerial surveillance program -- how much it showed, and how long data was retained -- collected enough information that it is a 4A search and unconstitutional. #N
s3.documentcloud.org/documents/2097…
This is a strong endorsement of the mosaic theory, with the court accepting that "short term" surveillance is fine but that "long term" is not. If the judges feel the surveillance is revealing a lot of information about people, a line is crossed and the Constitution is violated.
They base their conclusion in part on an article that the plaintiffs submitted showing that if you have a view data points about where someone's phone goes, you can probably figure out who they are. (Yes, most people are at home at night.)
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When a father consented to a search of his "son's account" on their jointly used computer, investigators exceeded the scope of consent when they searched the recycle bin, which included files from multiple users. Child porn found there is suppressed.
wicourts.gov/ca/opinion/Dis… #N
The forensic tool used to search the computer grouped the deleted files from all accounts in the same place, the recycle bin, without indicating from which account a particular file had originated. Acc to the court, using the tool to search that was beyond the scope of consent.
This case touches on a question that I cover in my computer crime law casebook and discuss in my class: How do you apply consent principles to computer searches when people consent in regular-user-speak but forensic analysts think in forensic-tool-speak?
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O tweet com id 1125866421316214784 de 2019-05-07 20:54:07 que falava sobre:
🇧🇷✌️ O Deputado Federal Nereu Crispim recebeu nesta segunda-feira (06), em seu escritório de Porto Alegre, a visita do Vice-prefeito de Guaporé, Adalberto João Bastian

#NereuCrispim #Guaporé #Prefeiu...
O bot tentou arquivar o tweet nesse link: archive.vn/ah0h9
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In dicta, magistrate judge concludes that govt use of a cell site simulator is a search requiring a warrant because it might be used to locate a phone in a place where there's an REP. (DDC, 3/25/21) (Faruqui, M.J)

Quick thread.

drive.google.com/file/d/1KLyaNf… #N
First, why it's dicta: The issue arose when the government applied for a warrant, so no one was trying to conduct surveillance without a warrant. (Also, I don't tend to think Article III allows a merits ruling like this now, as how the 4A applies is not yet a ripe dispute.)
On the merits, the court's conclusion that a search occurs if a search might occur -- if a tool might be used to conduct a search -- seems wrong in light of United States v. Karo, which limited but did not overturn Knotts. scholar.google.com/scholar_case?c…
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Supreme Court rules 5-3 in Torres v. Madrid that “application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person.” SupremeCourt.gov/opinions/20pdf… #n
An expected result, although a closer vote than I expected, based on the argument. More tweet commentary soon.
A few quick thoughts now. First, this seems like a really narrow ruling. It's always been clear that "application of physical force to the body of a person with intent to restrain" is a seizure when the police succeed in stopping the person, temporarily, and that's most cases.
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Notable opinions on the legality of having academic salaries depend heavily on responses to lateral offers (so-called "retention raises.")

Quick thread.

cdn.ca9.uscourts.gov/datastore/opin… #N Image
My sense is that it's not uncommon, at U.S. universities, for faculty salaries to be determined less by a professor's perceived excellence or prominence than on whether a big raise was once considered needed to keep that prof when a competitor school came along.
The two will be correlated, in that on average you would expect competitors to try to hire a school's best profs. But there's a lot of noise in that signal, ranging from profs who turn down outside inquiries to those who may pursue them mostly to get retention raises.
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Cool 4th Am Q raised by this new op: If a judge reviews a warrant application, and thinks the facts described may violate the 4A, should she apply the 4A, including the exclusionary rule, to decide whether to sign the warrant?

Long thread below.

drive.google.com/file/d/1c6OlGx… #N Image
Some context:

In the ordinary case, an affidavit describing probable cause will state the facts supporting probable cause. If those facts amount to probable cause, the judge will sign the warrant.
If charges follow and the defense moves to suppress, the defense can argue that the fruits of the warrant should be suppressed because of a prior 4th Amendment violation.

The Q in this case is, can the judge make that call at the warrant application stage, too, and not sign?
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When the govt obtains a warrant to track two suspects traveling in a car together using the GPS on one's phone, the other lacks standing to challenge the tracking. CA5, per Oldham.

Plausible result, but I have mixed views on the analysis. Thread:
ca5.uscourts.gov/opinions/pub/1… #N
The Court approaches the standing question by looking first at how the warrant was phrased. The warrant that the location of the phone was the "place to be searched," so that mostly governs. It was not D's phone, so he had no standing in that "place."
But I'm not sure how the drafting of the warrant can be relevant. 4A standing is about whether a person has rights to challenge a search that occurred, not how the govt drafted a warrant to justify the search that occurred.
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INTERESTING CASE: Police can detain a person on the scene when they execute a warrant. But can they call up a suspect and make up a fake story about needing him to be home to get him to be there so he can be detained? CA9 rules 2-1 that they cannot.
cdn.ca9.uscourts.gov/datastore/opin… #N Image
I'm not sure what I think of this. It's true that a ruse can expand what the government can search and seize, manipulating the rule. OTOH, don't Ky v. King and Navarette v. CA suggest that police steps that manipulate rules are okay as long as they don't themselves violate 4A?
The majority opinion is weirdly free form in some ways, in that it conducts a balancing test over the ruse: It concludes that the decision to do the ruse fails the balancing test. But the 4th Amendment balancing test is only for searches and seizures, and a ruse is neither.
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Notable: Massachusetts Supreme Judicial Court adopts new test for establishing a racially discriminatory traffic stop under its state constitution to make it less difficult to establish such a claim, overturning 2008 decision. mass.gov/files/document… #N ImageImage
As I read this, the prior decision, Lora, effectively required data on that officer's prior stops showing that the officer was disproportionately stopping people by race. But that data has been hard to get, so the burden is too hard to satisfy. Image
The new case adopts an easier-to-prove standard specifically tailored to traffic stops. From the opinion: Image
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There are *a lot* of major 4th Amendment rulings in this new CA9 case on immigration law, Gonzales v. ICE. Among them (thread):

(1) There must be a probable cause hearing within 48 hours after a civil immigration detention under Gerstein v Pugh.

cdn.ca9.uscourts.gov/datastore/opin… #N ImageImage
(2) The feds don't violate the 4th Amendment when they ask state officers to make federal immigration arrests by issuing immigration detainers, even if the state officers lack state law authority to do so, b/c VA v. Moore says state law doesn't matter. Image
(3) The district court erred in making sweeping conclusions about the lack of reliability of the government's immigration database and saying the government couldn't rely on it. ImageImage
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