D.Colo.: Collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why

The collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why. United States v. Rubio-Sepulveda, 2017 U.S. Dist. LEXIS 23866 (D. Colo. Feb. 21, 2017):
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E.D.Tex.: Cell phone + drug case = PC to search cell phone

Drug dealers commonly use cell phones to ply their trade, and that was stated in the affidavit for the search warrant. The USMJ signed the warrant for cell phones, too. Accordingly, the search warrant was executed in good faith. United States v. Smith, 2015 U.S. Dist. LEXIS 186550 (E.D. Tex. May 27, 2015):
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D.Ariz.: SI valid for open container violation

Defendant was stopped by a tribal officer for speeding. He smelled of alcohol, and there were apparent minors in the car. The officer had defendant get out of the car and two open containers were seen. A search incident to an arrest was justified. United States v. Landeros, 2017 U.S. Dist. LEXIS 23844 (D. Ariz. Jan. 24, 2017).

This is defendant’s third motion to suppress and it isn’t materially different from the second already denied. Denied. United States v. Mackin, 2017 U.S. Dist. LEXIS 25080 (N.D. Ind. Feb. 23, 2017).*

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WaPo: The used car that came with a special option: A GPS device secretly installed by the police

WaPo: The used car that came with a special option: A GPS device secretly installed by the police by Orin Kerr:

Are you in the market for a used car? If so, you might not want to buy a car from a drug dealer. Or if you do, you might not want to sell drugs from the car yourself a few days later. In a new case, United States v. Wood, decided by a federal judge in Colorado last week, the court considered how the Fourth Amendment applies when the government has a warrant to install and monitor a GPS device on a car being used by one drug dealer who then sold his car to another drug dealer. The court suppressed the evidence found of the second dealer’s crimes on the ground that the government should have stopped the GPS monitoring when it was put on notice that the car might have been sold. I think the decision is problematic, and I thought I would explain why.

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techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted

techdirt: Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted by Tim Cushing:

Thanks to the FBI’s one-to-many NIT warrant, which was issued in Virginia but reached thousands of computers all over the world, yet another federal judge is dealing with the fallout of the feds’ efficiency. Michigan federal judge Thomas Ludington finds plenty he doesn’t like about the FBI’s malware and the DOJ’s defense of it, but still can’t quite find enough to warrant suppression of the evidence [PDF link].

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NE implied consent law was unconstitutional as applied here, but not on its face

“In this instance, without a warrant, nor exigent circumstance, the State could only rely upon the exception of a warrantless search incident to a lawful arrest for drunk driving in order to demand a blood test from McCumber. With the U.S. Supreme Court in Birchfield categorically finding that the exception of a warrantless search incident to a lawful arrest for drunk driving is unconstitutional in regard to a blood test, even under an implied consent law, we find § 60-6,197 is unconstitutional as applied to McCumber. Consequently, we hereby vacate McCumber’s conviction and sentence for refusing to submit to a chemical blood test in violation of § 60-6,197.” The statute is not unconstitutional on its face. State v. McCumber, 295 Neb. 941, 2017 Neb. LEXIS 30 (Feb. 24, 2017).

The 911 call here was “about 30 illegals” running into the back of a red semi. Under Navarette, it’s really thin. However, the truck had a refrigeration unit but no seal on the back. The stop was labeled a welfare check and it was done by an experienced interstate truck police officer with 18 years experience. To him, innocent or innocuous factors meant more. Once stopped, the refrigeration unit was running, but no locks. There were multiple different footprints in the dust on the back by the door which was unusual to him. That was sufficient for probable cause based on the reasonable suspicion of smuggling undocumented persons. United States v. Soto, 2017 U.S. Dist. LEXIS 24162 (S.D. Tex. Feb. 21, 2017).*

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CO: SW for things that could transmit pictures to a computer fairly included a digital camera

The search warrant was for digital images and was for computers, storage media, and things that could transmit pictures to the computer. That fairly included defendant’s digital camera. People v. Raehal, 2017 COA 18, 2017 Colo. App. LEXIS 199 (Feb. 23, 2017):
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D.Nev.: Govt responds it won’t use evidence seized at trial so motion for return of property or to suppress granted

The government seized defendant’s iPad and but didn’t search it because they didn’t have a password. Finally, they decided not to attempt to use it as evidence, so the motion for return of property is granted. The government didn’t intend to use anything from his car at trial, so that motion to suppress is granted, too [but some courts just say it’s moot]. United States v. Bundy, 2017 U.S. Dist. LEXIS 25506 (D.Nev. Feb. 22, 2017).

Nothing in records obtained after the trial showed a basis for attacking the wiretap in this case, so the motion for new trial is denied. United States v. Barbary, 2017 U.S. App. LEXIS 3278 (11th Cir. Feb. 23, 2017).*

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W.D.Mo.: The occupant’s stepping back from the door and opening it showed consent to enter to look for def

Officers could conclude that the occupant consented to entry when the police knocked and they said they were looking for somebody inside, and she backed away and opened the door more. United States v. McDaniel, 2017 U.S. Dist. LEXIS 25372 (W.D. Mo. Jan. 19, 2017), adopted, 2017 U.S. Dist. LEXIS 24426 (W.D. Mo. Feb. 22, 2017).

A 911 call about a shooting came in, and a state trooper in plainclothes on the fugitive squad happened to be nearby. He was on the lookout for suspects. It was late at night. He saw defendant hop in a vehicle which took off without waiting for him to close the door. He ran the LPN and it came back to an owner with history of violence. He followed for a few miles as the vehicle seemed to be on a serpentine path, and then heard that the shooting victim was dead. He then pulled the car over, and the driver and occupant got out with their hands in their pockets. A frisk was reasonable. Commonwealth v. Mendez, 476 Mass. 512, 518-19 (Feb. 22, 2017).

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Law.com: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail

Law.com Daily Report: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail by R. Robin McDonald:

Lawyers representing the city of Calhoun appeared Thursday before a panel of the U.S. Court of Appeals for the Eleventh Circuit seeking to overturn a preliminary injunction that bars the city from detaining indigent defendants in misdemeanor or minor traffic cases for as long as a week simply because they cannot afford a cash bond.

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