MD: Cell phones are so commonly involved in crimes that it’s now relatively easy to get a SW for one

Defendant was charged with child pornography: “I. Does an affiant’s assertion that ‘individuals who participate in [sex or drug] crimes communicate via cellular telephones, via text messages, calls, e-mails etc.,’ without more, provide a substantial basis to issue a search warrant for a cell phone?” Yes. Moats v. State, 2016 Md. App. LEXIS 148 (Oct. 25, 2016):
Continue reading

Posted in Cell phones | Comments Off

New law review article: Digital Duplications and the Fourth Amendment

Note, Digital Duplications and the Fourth Amendment, 129 Harv. L. Rev. 1046 (2016)

Posted in Computer searches | Comments Off

Offline when on the road maybe from the DoS system attacks

First a cert petition due 10/25 and on the road for two CLEs. Back with more tomorrow after the last CLE. My system guy said it worked in Little Rock, but it wasn’t from Atlanta. Now in DC for NACDL’s Suppressing Evidence Seminar.

Posted in Uncategorized | Comments Off

NPR: It Ain’t Me, Babe: Researchers Find Flaws In Police Facial Recognition

NPR: It Ain’t Me, Babe: Researchers Find Flaws In Police Facial Recognition by Laura Sydell:

Nearly half of all American adults have been entered into law enforcement facial recognition databases, according to a recent report from Georgetown University’s law school. But there are many problems with the accuracy of the technology that could have an impact on a lot of innocent people.

Posted in Surveillance technology | Comments Off

KS: A statute may grant more rights than the 4A and it should be followed

A statute may grant citizens more protection than the Fourth Amendment or the state constitution, and it must be followed. If state law is silent, then the Fourth Amendment or state constitution govern. City of Dodge City v. Webb, 2016 Kan. LEXIS 477 (Oct. 21, 2016) (see Treatise § 11.03 n.4):
Continue reading

Posted in State constitution | Comments Off

WV: Def left jacket at friend’s house where he occasionally spent the night; no REP at the time of seizure

Defendant was an occasional overnight guest in the home of a friend. He left a jacket there in a common area, and the police seized it by the consent of the homeowner. Defendant had no reasonable expectation of privacy in the jacket at the time it was found and seized. State v. Payne, 2016 W. Va. LEXIS 760 (Oct. 19, 2016):
Continue reading

Posted in Reasonable expectation of privacy | Comments Off

S.D.Ind.: Driving on a dead end road at night was RS

“[I]t was reasonable for Deputy Kirby to stop a car that matched the description of the suspects’ vehicle which was traveling on a dead end road that is rarely used in the nighttime, to investigate further. This reasoning further supports the Court’s conclusion that the stop and arrest were valid and substantiated by probable cause.” United States v. Mompie, 2016 U.S. Dist. LEXIS 145174 (S.D.Ind. Oct. 20, 2016).*

On the totality of circumstances, the whole collection of facts, there was probable cause for the search of defendant’s car after drugs and cash had been found in other cars. United States v. Rios-Quintero, 2016 U.S. Dist. LEXIS 145829 (D.Minn. Sept. 8, 2016),* adopted, 2016 U.S. Dist. LEXIS 145827 (D.Minn. Oct. 20, 2016).*

Posted in Reasonable suspicion | Comments Off

D.Minn.: Text messages provided nexus for SW for cell phone that produced CP

Defendant lived in the heated garage converted to a bedroom of a couple with two small children. One of the children said she was touched by defendant and they ordered him out of the house. Later, a search warrant was issued for his cell phone. The only nexus was text messages to the couple about what happened, and that was [barely] enough for the search warrant to issue, and then child pornography was validly found on the cell phone. United States v. Kilman, 2016 U.S. Dist. LEXIS 145785 (D.Minn. Sept. 6, 2016).

Defendant was seized with reasonable suspicion and the seizure of defendant’s cell phone was also reasonable. It wasn’t searched until later with a warrant. United States v. Lawton, 2016 U.S. Dist. LEXIS 146099 (D.Kan. Oct. 20, 2016).*

Posted in Cell phones, Nexus | Comments Off

KS: Where law changed between 2001 appeal and this one to def’s benefit, harmless error applied

In the second appeal from a 1996 murder, the Fourth Amendment law changed between the first appeal in 2001 and this one by the 2004 decision in Groh v. Ramirez. The court concludes that law of the case doesn’t apply, Groh suggests the good faith exception does not apply [no mention of Davis good faith], and concludes the search is harmless error. State v. Kleypas, 2016 Kan. LEXIS 475 (Oct. 21, 2016) (167 page decision).

Another Playpen warrant sustained. United States v. Johnson, 2016 U.S. Dist. LEXIS 145630 (W.D.Mo. Aug. 16, 2016),* adopted, 2016 U.S. Dist. LEXIS 145180 (W.D.Mo. Oct. 20, 2016).*

Posted in Uncategorized | Comments Off

MA: PC showing was close, but, essentially, ties go in support of the warrant

The trial court held that the affidavit for the search warrant did not show probable cause under Aguilar-Spinelli (still followed in Massachusetts), but the court of appeals disagrees and reverses. There were direct police observations that corroborated the informant’s story. It was a close case, but, on probable cause supporting a warrant, ties go to the police. Commonwealth v. Perez, 2016 Mass. App. LEXIS 154 (Oct. 21, 2016) (the baseball metaphor is mine, and used in the Treatise § 40.05 n.7):
Continue reading

Posted in Probable cause, Standards of review | Comments Off