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Decided may 17, , the first circuit held that the search-incident-to-arrest exception does not authorize the warrantless search of data on a cell phone seized from an arrestees person, because the government has not convinced us that such a search is ever necessary to protect arresting officers or preserve destructible evidence. In general, read kilpatrick text messages blockers are not required for ordinary pv panel tracking, there used mostly for concentrator systems where high accuracy is needed. The Sixth Circuit recently held that individuals have a reasonable expectation of privacy in their electronic communications.
See Warshak v. United States, F. Although the Warshak opinion was vacated, it has been argued to the full court, and is cumintly pending before it.
Regardless, the Warshak opinion merely confirms the holding of the court Quon v. Arch Wireless in an opinion subsequent to the one discussed in section I, supra. In Quon, a case that is markedly similar to this one, the court held that a city employee had a reasonable expectation of privacy in his electronic messages, even though they were sent and received on a city-provided pager.
Qptained absent a search warrant based on probable case.. See, e. Berger v. New York, U. Uniled Slates, U. The Mayor and his staf4 with whom he regularly communicated via text messages, were and are engaged in the business or running the City of Detroit. Although the Petitioners aUege that they are seeking communications that relate to particular subjects, and which are limited in time, the breadth of the subpoena goes well beyond the scope of anything the Petitioners may reasonably be entitled to.
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The requested communications will undoubtedly include communications that include suggestions, advice, recommendations, and opinions between the Mayor and his staff, As such, those communications are covered by the official infonnation, or "deliberative process privilege. Klamath Water Users Protective Assn, u. Even if - contrary to the protections of the Stored Communications Act and the Fourth Amendment - the Court were to rule that the Petitioners were entitled to any of the messages it is seeking, the Petitioners are not entitled to messages that are protected by this privilege.
Petitioners have made no attempt to narrow the focus of their requests in order to maintain this privilege. Moreover, if the Court orders the text messages produced, it shOUld conduct an in camera review of any text messages before production so that this privilege can be guarded. Lawrence R. Desideri of counsel Elizabeth C. Scott of counsel 35 W. Wacker Drive Chicago.
Thomas P2 Herschel P. Fink P Richard E. Zuckerman P Brian D. Wassom P List additional attorneys on other side. Liedel p East Fourth Street ,. Royal Oak, Michigan 1.
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Please place on the motion calendar for: Judge BarNo. Date Time Robert J. P Friday, May 30, a. I certifY that I have made contact with attorney Herschel Fink on May 23, , regarding concurrence in relief sought in this motion and that concurrence has been denied or that I have made reasonable concurrence with motion Date Attorney: BarNo.
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I I I l Herschel P. Stewart P Laurie J. James C.
'He Loved Me:' Texting Trysters Kwame Kilpatrick and Christine Beatty Make News Again
Attorneys for Intervenor-Defendant Kwame M. Mayer Morganroth P Jeffrey B.
Kilpatrick will be held before the Honorable Robert J. Dated: May 23, Blmfield. Dated: May 23, 8Imfield. Michigan William J.
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Michigan Case No. Michigan William H. Michigan James C. Attoineys for Intervenor-f? Kilpatrick "Kilpatrick" by and through his attomeys James C. In support of this Motion, Kilpatrick states as follows: 'i. That this action is a claim under Michigan's Freedom of Information Act. That the Plaintiffs have noticed a num. One of those depositions is that of Kilpatrick which has been noticed for Thursday, May 29, Kilpatrick and Christine Beatty, Case No. In that proceeding. Kilpatrick has pled not guilty to all of the charges and has asserted his constitutional right to a trial by jury in the criminal matter.
At this time, Kilpatrick knows that he will assert various privileges as to part or all of his deposition testimony scheduled to be taken in this case. In addition, Kilpatrick has asserted and will assert the deliberative process privilege. Kilpatrick anticipates that some, if not all, of the questions to be asked of him at his deposition fall within the ambit of one or more of these privileges including, but not limited to, his right against self-incrimination guaranteed 'under the Fifth Amendment to the United States Constitution and Article I, 17 of the Michigan Constitution.
Since Kilpatrick will assert the various privileges referenced in paragraph 4 above and discussed in more detail in the attached supporting brief , Kilpatrick respectfully requests that this Honorable Court issue a Protective Order that his discoverY deposition not be had. That Plaintiffs have also issues subpoenas to Valeria A. Colbert-Osamuede, Esq. Copeland II, Esq. McCargo, Esq. That as of the time of filling this Motion, it does not appear that Plaintiffs have filed a subpoena upon Bell Ind.
Colbert-Osamuede and Messrs. As set forth in the Motion for Protective Order Re Discovery filed by Defendant City of Detroit, the deposition notices and subpoenas issued to various attorneys seek information that is outside the parameters of this Freedom of Information Act lawsuit. The issues involved in this case are related to some of the issues posed in the criminal proceeding referenced in paragraph 3 above.
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