Author Archives: Hall

NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements

NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements by Roger L. Stavis (May 19, 2017):

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HI imposes triggering condition in anticipatory warrants under state constitution

“We are faced with a question of first impression for this court: Does the Hawai’i Constitution require that an anticipatory search warrant identify the triggering condition on the face of the warrant? In light of the privacy protections contained in … Continue reading

Posted in Anticipatory warrant, State constitution | Comments Off

N.D.N.Y.: Def’s prior drug involvement justified a drug search condition on supervised release

Defendant’s prior convictions for drugs from age 17-22 justified a drug search condition on supervised release. United States v. Betsy-Jones, 2017 U.S. Dist. LEXIS 75157 (N.D. N.Y. April 28, 2017), adopted, 2017 U.S. Dist. LEXIS 74113 (N.D. N.Y. May 16, … Continue reading

Posted in Probation / Parole search, Stop and frisk | Comments Off

M.D.Pa.: Def’s version in pro se motion to suppress used against him in third on credibility

Defendant files three motions to suppress. The first one was pro se and never mentioned that his stop was pretextual, that the headlights were actually on, and the stop was without reasonable suspicion. A later motion to suppress challenged the … Continue reading

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Cal.4th: Passenger’s parole status permitted search of entire passenger compartment

Defendant was in a car with a parolee. After a valid stop, the parolee gave a false name, and the officer eventually got the right name and parole status. A search of the whole car was permissible even though the … Continue reading

Posted in Probation / Parole search, Scope of search | Comments Off

S.D.N.Y.: Overseizure during SW wasn’t so bad this was a general search

In a forfeiture case of a building worth about $1B, the good faith exception applies to a prior search where there was an overseizure. This overseizure wasn’t enough to make the search a general search. In re 650 Fifth Ave. … Continue reading

Posted in Consent, General warrant, Good faith exception, Overseizure | Comments Off

E.D.Pa.: Def saw police car and walked to other side of street, dropped his gun, and came back to submit to police, and that was abandonment

“Defendant unequivocally intended to abandon the firearm. After the patrol car was near the scene, Defendant walked away from it. While walking, Defendant bent down next to a parked vehicle on Pacific Street and dropped a metallic object on the … Continue reading

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NC statute that probation search be for “purpose” of probation is a limitation on the search power

A 2009 amendment to the state probation search condition required that the search serve the purpose of the supervision, so it’s not carte blanche for a probation search. The trial court’s order refusing to suppress is reversed. State v. Powell, … Continue reading

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WaPo: Is voluntariness of consent to search or seize a question of fact, law or both?

WaPo: Is voluntariness of consent to search or seize a question of fact, law or both? by Orin Kerr:

Posted in Consent, Standards of review | Comments Off

WA: Implied consent law now includes testing for THC influenced driving, and it’s constitutional

The implied consent law includes testing for THC concentration, and it is constitutional. Kandler v. City of Kent, 2017 Wash. App. LEXIS 1176 (May 15, 2017). Officers adequately explained date discrepancies in the paperwork and use of a search warrant … Continue reading

Posted in Burden of proof, Drug or alcohol testing | Comments Off