Author Archives: Hall

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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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. … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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