E.D.Pa.: Seizure of years of emails by SW for later discriminating search was still reasonable

This email search warrant sought specific information over a several year period, and the Google production was somewhat limited yet still substantial. Yet, included were emails between attorney and client and there were no search protocols. The court declines to follow Comprehensive Drug Testing on search protocols. The large production was provided and then it was searched by the government for what was material. This was not unlike seizing an entire computer drive and searching it off-site, which is the only practical way to do it. Overall, the process was reasonable. United States v. Harder, 2016 U.S. Dist. LEXIS 181556 (E.D.Pa. April 18, 2016):
Continue reading

Posted in E-mail, Warrant execution | Comments Off

N.D.Ind.: 911 caller stayed on phone and gave a “play-by-play” of what the defendant was doing that was quickly corroborated by the police

911 caller stayed on phone and gave a “play-by-play” of what the defendant was doing that was quickly corroborated by the police. That was reasonable suspicion. United States v. Jeanes, 2016 U.S. Dist. LEXIS 181601 (N.D.Ind. Nov. 29, 2016), adopted, 2017 U.S. Dist. LEXIS 2768 (N.D.Ind. Jan. 9, 2017):
Continue reading

Posted in Informant hearsay | Comments Off

N.D.Ind.: 911 caller’s info was transmitted and she revealed enough about herself to not be an anonymous CI

911 calls aren’t always truly anonymous. A 911 caller, whose number was captured by the system, called about a man pacing in a motel parking lot with a gun in hand. The caller gave enough information about herself that she wasn’t anonymous anymore, and the detail in the description was enough for reasonable suspicion. United States v. Harris, 2016 U.S. Dist. LEXIS 181677 (N.D.Ind. Dec. 22, 2016), adopted, 2017 U.S. Dist. LEXIS 3805 (N.D.Ind. Jan. 11, 2017).

It was 8-9 months between defendant’s access of a child pornography website via his IP address and linking that address to him. The search warrant for his house and computers wasn’t stale.
United States v. Brenner, 2016 U.S. Dist. LEXIS 181692 (D.Neb. Dec. 19, 2016),* adopted, 2017 U.S. Dist. LEXIS 4068 (D.Neb. Jan. 11, 2017).*

Posted in Informant hearsay, Staleness | Comments Off

JD Supra: Is There an Opening to Withdraw or Modify Electronic Logging Device Rule [for motor carriers]?

JD Supra: Is There an Opening to Withdraw or Modify Electronic Logging Device Rule? by Lawrence Hamilton II & Jameson Rice.

The Electronic Logging Device for over the road truckers goes into effect February 17th with full compliance by December 18th. The authors hope that the new administration will eliminate the rule mandated by Congress for highway safety because of its disdain for regulations and, thus, apparently public safety.
Continue reading

Posted in Administrative search | Comments Off

D.P.R.: PC permits a warrantless arrest for a felony; no right to arrest at earliest possible time

If there is probable cause for an arrest without a warrant, it doesn’t matter that officers had time to get an arrest warrant and didn’t or that they didn’t arrest at the earliest possible time. An arrest warrant is not constitutionally required for a felony. The search of the vehicle here was justified by the automobile exception after illegal persons were found inside where they had just come ashore. That the search of the vehicle was limited doesn’t help defendant at all. United States v. Herrera-Castillo, 2017 U.S. Dist. LEXIS 4783 (D.P.R. Jan. 10, 2017). [How often do you see an argument that the officers didn’t search intensely enough?]

Defendant at first made a preliminary showing that the CI’s identity might be required in litigation over the reasonable suspicion for his probation search. On reconsideration, the court concludes there is no materiality in disclosing that because it is adequately developed to show reasonable suspicion. The motion is denied. United States v. Taylor, 2017 U.S. Dist. LEXIS 3873 (D.S.D. Jan. 11, 2017).

Posted in Arrest or entry on arrest, Informant hearsay | Comments Off

D.V.I.: Def’s failure to move or respond to officers shouting then pounding on windows justified opening door under emergency exception

Defendant’s failure to respond at all to officers standing next to his stopped vehicle justified opening the door under the emergency exception. United States v. Nisbett, 2017 U.S. Dist. LEXIS 4067 (D.V.I. Jan. 11, 2017):
Continue reading

Posted in Emergency / exigency | Comments Off

CA6: Sheriff’s deputy relying on writ of execution didn’t violate 4A

Defendant deputy sheriff and the state court plaintiffs acting on a writ of execution issued by the trial court couldn’t be sued over it. Without even considering Tennessee’s post-judgment execution law and even assuming the writ was improperly issued, no constitutional rights were violated. There was due process and it wasn’t a Fourth Amendment violation. Partin v. Davis, 2017 U.S. App. LEXIS 720 (6th Cir. Jan. 13, 2017):
Continue reading

Posted in Seizure, § 1983 / Bivens | Comments Off

AZ: Computer search warrants get greater scrutiny; this one lacked all particularity and no GFE applies

Computer search warrants get greater scrutiny. The search warrant for defendant’s computer lacked any particularity, and it could not be saved by the good faith exception. State v. Dean, 2017 Ariz. App. LEXIS 12 (Jan. 12, 2017):
Continue reading

Posted in Computer searches, Good faith exception, Standards of review | Comments Off

OH2: Def providing key when asked was consent to opening locked drawer

The record supports the conclusion that defendant consented to opening a locked drawer by providing the key when the officer asked for it. State v. Muncy, 2017-Ohio-121, 2017 Ohio App. LEXIS 89 (2d Dist. Jan. 13, 2017).

Defendant was stopped for using a cell phone while driving, and it was apparent she was under the influence. She had no right to refuse a warrantless breath test, and the loss of her driver’s license was affirmed. Espinoza v. Shiomoto, 2017 Cal. App. LEXIS 22 (4th Dist. Jan. 12, 2017).*

Posted in Consent, Drug or alcohol testing | Comments Off

OH8: 911 call about a door open and a possible break-in justified police entry to check

A minister called the police to report the door of a warehouse across the street was open, and he felt something was wrong and it must be a break-in. The police respond and enter and see a marijuana grow operation. The entry on the 911 call was reasonable. State v. Lunder, 2017-Ohio-84, 2017 Ohio App. LEXIS 75 (8th Dist. Jan. 12, 2017).

Defendant was arrested for a murder without probable cause, and that leads to suppression of blood evidence seen on his clothes in the police station. Other things later are not suppressed. State v. Emuakpor, 2017 R.I. Super. LEXIS 6 (Jan. 10, 2017).

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off