Author Archives: Hall

W.D.Mo.: Parked RV hooked up to water and electricity with satellite dish on roof with grill and trashcan outside wasn’t subject to automobile exception

Defendant’s RV was being used as a residence when it was searched, and the automobile exception does not apply. Because it was a residence, the search warrant didn’t specify it within the residences to be searched in the search warrant, … Continue reading

Posted in Automobile exception, Particularity | Comments Off

American Conservative: Feds Searching Record Number of Our Personal Devices at the Border

American Conservative: Feds Searching Record Number of Our Personal Devices at the Border by Frank Miniter In the name of ‘Homeland Security.’

Posted in Border search, Computer searches | Comments Off

PA & CA2: Approaching def to talk to him about what’s in his bag was not a seizure

“Consistent with this precedent, we find the officers did not subject Appellant to a seizure when they approached him in a public place and asked him what was inside his bag. The interaction remained a mere encounter as the officers … Continue reading

Posted in Burden of pleading, Seizure | Comments Off

D.D.C.: SCA allows SW for Google email stored overseas

Google’s storing information overseas doesn’t make it immune to a court order in the U.S., disagreeing with the Second Circuit’s Microsoft I decision. In re Search of Information Associated with [Redacted] that is Stored at Premises Controlled by Google, Inc., … Continue reading

Posted in E-mail | Comments Off

D.Minn.: Omission of CI’s criminal history didn’t mislead magistrate or wasn’t material to PC finding

Failing to include the CI’s criminal history didn’t mislead the magistrate issuing the warrant, and there was probable cause in any event, even without including it. Moreover, the issuing magistrate would have to fairly conclude the CI had criminal involvement. … Continue reading

Posted in Franks doctrine | Comments Off

N.D.Ga.: The SW doesn’t have to be in hand at the place of search as long as it is complied with

In a pill mill case against two doctors, the search warrant incorporated a list of what they were looking for by saying “See Exhibit B.” The use of the word “see” incorporated Exhibit B. Moreover, Exhibit B didn’t need to … Continue reading

Posted in Particularity, Warrant execution | Comments Off

S.D.Fla.: A car broken down on the highway was still “readly mobile” enough for the automobile exception to apply

A car broken down on the highway was still “readly mobile” enough for the automobile exception to apply. United States v. Ortiz-Santizo, 2017 U.S. Dist. LEXIS 128710 (S.D. Fla. Aug. 14, 2017):

Posted in Automobile exception | Comments Off

NC: Seizure of shotgun during protective sweep for misdemeanor probation arrest was unreasonable

Defendant was arrested without incident in his living room for a violation of misdemeanor probation, and there was a protective sweep of other rooms looking for others, and a shotgun was seen. The protective sweep was valid, but the seizure … Continue reading

Posted in Probation / Parole search, Protective sweep | Comments Off

D.Nev.: Inventory invalid for not sufficiently complying with policy; bodycam video relied upon

The inventory is invalid for not coming close to complying with the LVMPD inventory policy. The lack of a written itemization and the body camera video shows it was not a valid inventory. Also, the passenger was a good friend … Continue reading

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D.Minn.: PC for SW doesn’t even need to be decided if the GFE would apply

Probable cause doesn’t even need to be decided if the good faith exception would apply. “Even assuming without deciding that the search warrants lacked probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to … Continue reading

Posted in Good faith exception | Comments Off