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The United States government thought that Lonnell Glover was a drug dealer. They tapped his phone, but he spoke in code so they couldn’t get any evidence on him that way.

The government knew that Mr. Glover liked to talk in his truck, as so many Americans do. So they decided to get authorization from a judge to put a bug – a little microphone – in his truck.

The bug was authorized by a federal judge in Washington, D.C. The truck, at the time, was at Baltimore Washington International Airport (or, more accurately, Thurgood Marshall Baltimore Washington International Airport).

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There are some good wins in the federal circuits from last week, but I think that perhaps the most interesting is U.S. v. Malenya.

The case deals, primarily, with supervised release conditions. I’ve seen some odd supervised release conditions, but this one takes the cake:

You shall notify the U.S. Probation Office when you establish a significant romantic relationship, and shall then inform the other party of your prior criminal history concerning your sex offenses. You understand that you must notify the U.S. Probation Office of that significant other’s address, age, and where the individual may be contacted.

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In many ways, Faisal Hashime’s case is a typical child pornography case. A government agent was on the internet looking at child pornography. He saw an email address. He emailed that address and the person who answered agreed to send some child pornography to him.

red-symbols-3-1092769-m.jpgAgents traced the IP address for the email that was sent, and it led to the Hashime residence. There, 19 year old Faisal Hashime lived with his family while he went to community college in Northern Virginia. The agents got a search warrant, as they almost always do in child pornography cases.

Armed with a battering ram, a search warrant, and a phalanx of officers, they stormed into the Hashime residence one morning.

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Before we get to the last week’s wins in the federal circuits, three things:

First, I think the most interesting opinion from the federal circuits in the last week is United States v. Murray from the Second Circuit. Trials in criminal cases may be statistically anomalous, but you still have to let the defendant put on his case.

Second, I can’t strongly recommend enough the article in the December 9 issue of the New Yorker on false confessions (sadly, subscription is required). If you’re a law geek, there’s a lot in the New Yorker this week for you – including a piece by Jeffery Toobin on why the Constitution is really dusty (login required). More on that piece from Above the Law is here.

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Gentle readers, the ABA has, for the third year in a row, said that this is one of the best legal blogs in the land. Thank you very much for writing in to the ABA to promote this blog and, I assume, bribe them.

2013_Blawg100Honoree_150x150.jpgHere’s a list of all the ABA Blog 100 blogs. You can also vote for this blog in the criminal justice category.

This week, not counting the Migdal win we saw last week, there is but one win.

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Last week’s wins are below – and there are some great reads.

But today, let’s congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit.

Here’s a link to the opinion.

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Happy Monday!

We have three short but good cases from the circuits from last week. I think my favorite is U.S. v. Glover, a nice suppression case. Congrats to Adam Kurland for the win.

To the victories!

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Congress these days seems to have noticed that we have too many federal criminal laws – which is a good thing (the Congressional notice, less the excessive criminal laws).

Last week, the House Judiciary Committee heard testimony on overcriminalization of regulatory crimes. The Hill has a nice write-up in “Regulation horror stories for Halloween.”

Here’s the intro:

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Due to my own sloth, we’re presenting two weeks of short wins in one post. Here it is!

There are some good cases here, featuring the Armed Career Criminal Act, the Fourth Amendment, and law enforcement agents testifying as experts.

In other news, the Sentencing Commission has put out two “quick fact” sheets. One is on “Theft Property Destruction and Fraud” and the other is on Mandatory Minimum Penalties.pdf. My favorite fun fact – the median loss in federal fraud cases is $95,408.