Author Archives: Hall

D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading

Posted in Consent, Exclusionary rule, Inventory, Probable cause, Reasonable expectation of privacy, Standards of review | Comments Off on D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

WaPo: These cities bar facial recognition tech. Police still found ways to access it.

WaPo: These cities bar facial recognition tech. Police still found ways to access it. by Douglas MacMillan (“Citing concerns about accuracy and racial bias, the cities banned the technology. So some police officers sought help from other law enforcement agencies.”)

Posted in Surveillance technology | Comments Off on WaPo: These cities bar facial recognition tech. Police still found ways to access it.

C.D.Cal.: SW materials in case with weighty public interest ordered unsealed

The search warrant materials in the LA City Attorney investigation are ordered disclosed because of the weighty public interest in them. In re Consumer Watchdog, 2024 U.S. Dist. LEXIS 88456 (C.D. Cal. Apr. 11, 2024):

Posted in Warrant papers | Comments Off on C.D.Cal.: SW materials in case with weighty public interest ordered unsealed

DC: Accepting a law license is consent to trust account subpoenas

Being a lawyer with a trust account, lawyer’s consent to subpoenas for their trust account. The lawyer’s argument that it’s an unreasonable search is frivolous. In re Doman, 2024 D.C. App. LEXIS 191 (May 16, 2024). Defendant didn’t show standing … Continue reading

Posted in Administrative search, Consent, Franks doctrine, Social media warrants, Standing | Comments Off on DC: Accepting a law license is consent to trust account subpoenas

AR: RS def rented a hotel room was sufficient for search waiver; PC not required

For determining whether the place searched, here a hotel room, is a probationer’s for a search waiver, reasonable suspicion and not probable cause is the standard to be applied. State v. Bailey, 2024 Ark. 87 (May 16, 2024). Evidence obtained … Continue reading

Posted in Cell phones, Consent, Exclusionary rule, Probation / Parole search, Reasonable suspicion | Comments Off on AR: RS def rented a hotel room was sufficient for search waiver; PC not required

LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

Defendant lacked standing to challenge the search of his shooting victim’s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading

Posted in § 1983 / Bivens, Cell phones, Franks doctrine, Probable cause, Standing, Warrant execution | Comments Off on LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)

Motion for return of cell phones is denied. They are in the possession of the Muskogee Creek Nation tribal police, not the federal government. United States v. Smith, 2024 U.S. Dist. LEXIS 87341 (N.D. Okla. May 15, 2024). Motion for … Continue reading

Posted in Dog sniff, Rule 41(g) / Return of property, Uncategorized | Comments Off on N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)

E.D.Ark.: Landlord and tenant refused rental property inspection and SW was validly issued and protected privacy interests

The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative … Continue reading

Posted in Administrative search, Excessive force, Probable cause, Qualified immunity | Comments Off on E.D.Ark.: Landlord and tenant refused rental property inspection and SW was validly issued and protected privacy interests

D.D.C.: Judge shopping after denial of SW inappropriate; could have appealed to DJ

The government having been turned down for a search warrant in the Central District of California for a cell phone of a prospective January 6th defendant, one alleged to be the third phone since then, for lack of showing likelihood … Continue reading

Posted in Burden of pleading, Neutral and detached magistrate, Probable cause | Comments Off on D.D.C.: Judge shopping after denial of SW inappropriate; could have appealed to DJ

MO: Search incident can happen at mobile booking center without going to jail

A search incident can occur even where defendant is at a mobile booking place without being transported to jail. State v. Boehmer, 2024 Mo. App. LEXIS 314 (May 14, 2024). Defendant’s concession in the trial court that the stop and … Continue reading

Posted in Inevitable discovery, Inventory, Reasonableness, Search incident, Waiver | Comments Off on MO: Search incident can happen at mobile booking center without going to jail

D.Md.: Def voluntarily entered passcode into phone where there was a SW for his face and fingerprint to open it

Police had a search warrant for defendant’s cell phone and face and fingerprint to open it. He remained silent. They got past the first step and the phone asked for the passcode. He entered the first four digits without prompting … Continue reading

Posted in Cell phones, Community caretaking function, Consent, Plain view, feel, smell, Voluntariness | Comments Off on D.Md.: Def voluntarily entered passcode into phone where there was a SW for his face and fingerprint to open it

Reason: Here’s How the CIA Plans To Use Your Ad Tracking Data

Reason: Here’s How the CIA Plans To Use Your Ad Tracking Data by Matthew Petti (“The intelligence community is admitting that info from data brokers is sensitive but isn’t accepting hard limits on how to use it.” “For years, the … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on Reason: Here’s How the CIA Plans To Use Your Ad Tracking Data

NM: New crime after alleged illegal seizure not suppressed

Defendant’s new crimes after his alleged illegal seizure are not suppressed. State v. Morgan, 2024 N.M. App. LEXIS 23 (May 13, 2024). Tossing a backpack in flight from the police is abandonment. United States v. Anderson, 2024 U.S. Dist. LEXIS … Continue reading

Posted in Abandonment, Attenuation, geofence, Inevitable discovery, Inventory | Comments Off on NM: New crime after alleged illegal seizure not suppressed

D.Utah: Police slow walked traffic stop without RS

“The court concludes the officers delayed the stop beyond what the traffic-based mission reasonably demanded, both 1) as a result of a mistakes and a lack of reasonable diligence, and 2) to investigate their suspicions about Said and Saul. These … Continue reading

Posted in Cell phones, Reasonable suspicion | Comments Off on D.Utah: Police slow walked traffic stop without RS

IA: Court ordered privilege review of search was at its expense

When the court orders privilege review for the results of a search, it’s a court expense. State v. Iowa District Court for Emmet County, 2024 Iowa Sup. LEXIS 52 (May 10, 2024). “Lenhart does not assert fraud on the court, … Continue reading

Posted in Prison and jail searches, Privileges, Reasonable expectation of privacy, Standards of review | Comments Off on IA: Court ordered privilege review of search was at its expense

D.Kan.: Preservation request under SCA isn’t a search or seizure

A preservation request under 18 U.S.C. § 2703(f) for defendant’s Snapchat account isn’t an unreasonable search or seizure. Even if, “suppression would not be warranted because the FBI acted in good faith reliance on the Stored Communications Act. As a … Continue reading

Posted in Private search, Social media warrants, Standards of review, Voluntariness | Comments Off on D.Kan.: Preservation request under SCA isn’t a search or seizure

UT: RS on a prior day was not RS for stop on day in question

Even assuming the officer had reasonable suspicion defendant was involved in a prior incident, he had no reasonable suspicion for stopping defendant this time. State v. Correa, 2024 UT App 69, 2024 Utah App. LEXIS 69 (May 9, 2024). Petitioner … Continue reading

Posted in Excessive force, Qualified immunity, Reasonable suspicion, Unreasonable application / § 2254(d) | Comments Off on UT: RS on a prior day was not RS for stop on day in question

CA2: Ptf alleged invasion of privacy for 4A violation, and that’s enough

Plaintiff adequately alleged personal injury for his Fourth Amendment. Invasion of privacy is enough. Dismissal reversed. Amigon v. Luzon, 2024 U.S. App. LEXIS 11415 (2d Cir. May 10, 2024):

Posted in § 1983 / Bivens | Comments Off on CA2: Ptf alleged invasion of privacy for 4A violation, and that’s enough

MA: Mere denial is not a “substantial preliminary showing” for Franks

The issuing magistrate had probable cause to issue a search warrant for possible child pornography because the affidavit contained the officer’s description of an image depicting nude juveniles from 13-15 years, and the tip provider employee’s personal observation of the … Continue reading

Posted in Franks doctrine, Issue preclusion, Particularity | Comments Off on MA: Mere denial is not a “substantial preliminary showing” for Franks

TN: “Possessions” in search clause of state const. gives REP in rural hunting land

Because the Tennessee Constitution uses “possessions” rather than “effects,” plaintiff had a reasonable expectation of privacy in rural land that he used that wildlife officers entered upon to enforce hunting laws. Rainwaters v. Tenn. Wildlife Res. Agency, 2024 Tenn. App. … Continue reading

Posted in Particularity, State constitution, Waiver | Comments Off on TN: “Possessions” in search clause of state const. gives REP in rural hunting land