Obtaining Electronic Communications Records
Obtaining Email, Voicemail, and Text Messages
Howes v. Fields (2012) __U.S. __ [2012 WL 538280]
Issue: Are state prison inmates automatically in custody for Miranda purposes when they are questioned about crimes that occurred outside the facility?
U.S. v. Glover (4th Cir. 2011) 662 F.3d 694
Issue: Did officers reasonably believe that a detainee was preparing to rob a gas station?
People v. Dement (2012) __ Cal.4th __ [2012 WL 5903459]
Issue: After a murder suspect invoked his right to counsel, did an officer violate Miranda by engaging in small talk about an unrelated murder case?
People v. Nelson (2012) __ Cal.4th __ [2012 WL 88552]
Issues: (1) In determining whether a remark by a juvenile constituted a Miranda invocation, must the officers and courts apply the same test as is used when the suspect was an adult? (2) Does a juvenile’s request to speak with a parent constitute a Miranda invocation? (3) Can waivers by juveniles be implied, or must they be express?
Ryburn v. Huff (2012) __ U.S. __ [2012 WL 171121]
Issue: Did exigent circumstances justify a warrantless entry by officers into the home of a teenager who was reportedly planning to “shoot up” his school?
United States v. Jones (2012) __ U.S. __ [2012 WL 17117]
Issue: Must officers obtain a search warrant to install a GPS monitoring device to the undercarriage of a vehicle and monitor the vehicle’s whereabouts?
U.S. v. Jones form available: Click here to view a form for a search warrant authorizing the installation and monitoring of a vehicle tracking device. Officers and prosecutors may receive a copy of this form via email in Microsoft Word format (which can be edited), by sending a request from a departmental email address to POV@acgov.org:
Robey v. Superior Court nullified: On January 19, 2012, the California Supreme Court granted a Petition to Review the 2011 case of Robey v. Superior Court, thereby vacating the opinion. As we reported, the Court of Appeal in Robey ruled that, although FedEx employees came upon a box "reeking" of marijuana, and thus the officers clearly had probable cause to believe the box contained marijuana, their search of the box was unlawful because they delayed opening the box until they had returned to the police station. The California Supreme Court is expected to issue its opinion later this year.