Author Archives: Hall

CA9: Parole search ability extends to trunk of car

A parole search of the trunk of a car is still an area under the control of the defendant and subject to the search. And, CSLI before Carpenter is admissible. United States v. Korte, 2019 U.S. App. LEXIS 7672 (9th … Continue reading

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Olean Times Herald: Nevada considers technology to scan cellphones after crashes

Olean Times Herald: Nevada considers technology to scan cellphones after crashes by Ryan Tarinelli:

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CA1: Def consented to seizure of his hard drives, including providing password over the phone

A child pornography knock and talk was conducted in Louisiana, and defendant consented to seizure and search of his hard drives. The first encounter with defendant was outside the house. Any illegality was attenuated. When police attempted to search the … Continue reading

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ND: Citizen informants are presumed reliable

Citizen informants are presumed reliable. Coupled with trash pulls and the informants’ reports of repeated short term stays at defendant’s house, there was probable cause. State v. Laverdure, 2019 ND 72, 2019 N.D. LEXIS 59 (Mar. 15, 2019). Officers had … Continue reading

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D.V.I.: Nearly two month old information for a bank robbery SW wasn’t stale

Where there were two bank robberies allegedly attributable to defendant (September 2 and October 23, 2014). The search warrant issued after the latter could seek information and evidence from the former because it was apparently an ongoing operation. Even if … Continue reading

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E.D.Va.: Child sex offense revealed during FISA warrant doesn’t entitle defense to see the papers to attempt to suppress

Defendant is accused of a coercion of a minor for sex that was revealed during a FISA warrant. The AG having certified that revealing the source would harm national security, the defense doesn’t get to see the papers submitted in … Continue reading

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D.Ariz.: Driving below “normal speed of traffic” is undefined and couldn’t form basis for stop

There is no statutory definition of ‘normal speed of traffic.’ And, Officer Anderson did not testify that the SUV was driving less than the ‘normal speed of traffic’ as required by the statute. Rather, he stated that the SUV was … Continue reading

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GA: A temporary protective order is not a substitute for a SW; they’re also issued on a citizen complaint

A temporary protective order issued on a citizen’s complaint cannot substitute for a search warrant to permit entry into defendant’s property to seize firearms. State v. Burgess, 2019 Ga. App. LEXIS 191 (Mar. 14, 2019):

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MN: A blood sample in a lab is not “information” within the physician-patient privilege statute

A blood sample in a lab is not “information” within the physician-patient privilege statute. The state sought a search warrant for the blood sample. State v. Atwood, 2019 Minn. LEXIS 122 (Mar. 13, 2019). “[B]y the time Defendant complied with … Continue reading

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ABAJ: Compelled-password decision is ‘death knell’ for Fifth Amendment, state justice argues

ABAJ: Compelled-password decision is ‘death knell’ for Fifth Amendment, state justice argues by Debra Cassens Weiss:

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CA11: Strip club survives summary judgment on unreasonable search claim when it was raided by 36 officers including SWAT team

A strip club was subjected to a raid with 36 officers, including the SWAT team. People were manhandled during the raid. The plaintiff club stated a claim sufficient to overcome summary judgment that the raid and search was unreasonable. WBY, … Continue reading

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CNBC: Robert Kraft case reveals how police can secretly install cameras inside a private business

CNBC: Robert Kraft case reveals how police can secretly install cameras inside a private business by Scott Zamost, Hannah Kliot, and Bianca Fortis:

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