Author Archives: Hall

CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Plaintiff stated a Franks claim that his arrest warrant was based on false evidence and omitted exculpatory evidence. The officer is denied qualified immunity. Rainsberger v. Benner, 17 2521 (7th Cir. Jan. 15, 2019):

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Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones

Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones by Orin Kerr: A new ruling, and some (mostly critical) thoughts.

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N.D.Ga.: Clothing as evidence in plain view can be seized whether from a suspect or victim

Defendant’s clothing was properly seized under the plain view doctrine whether he was a suspect or a victim. Defendant also didn’t have standing in the car involved because it wasn’t his. United States v. Hood, 2019 U.S. Dist. LEXIS 5357 … Continue reading

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N.D.Iowa: Six month unjustified delay in getting SW for hard drive made search unreasonable

Six month delay in getting a search warrant for a hard drive in a child pornography case was unreasonable. The government could give a good reason for the delays which might have justified it. Search recommended suppressed. United States v. … Continue reading

Posted in Computer searches, Reasonable suspicion | Comments Off on N.D.Iowa: Six month unjustified delay in getting SW for hard drive made search unreasonable

D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS … Continue reading

Posted in Independent source, Search incident | Comments Off on D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

CT: When challenging a SW affidavit’s PC, it needs to be in the record for appellate review

“The record was inadequate to review the defendant’s unpreserved claim that the search warrant for M’s cell phone records and the warrant for his arrest were obtained without probable cause because the police included false information in the affidavits in … Continue reading

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S.D.Ga.: Def was a day visitor, and it was tenuous at best he had standing; once he left, he sure didn’t

“As an initial matter, it is not clear that Lang even has standing to challenge the warrant. Lang testified (against the advice of counsel) that he was merely a temporary guest in his girlfriend’s mother’s residence, there to help ‘clean … Continue reading

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OH2: PC for SW for flash drive for possible evidence was shown by prior allegation of recorded assault

The officer had reasonable suspicion to stop defendant for suspicion of sexual assault since he was leaving the house from where the report came at 2:30 am. A search warrant for a flash drive found in defendant’s backpack was reasonable … Continue reading

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Cal.4: There is no 4A issue in police creating fake social media identities to “friend” a suspect to see more private pages

There is no Fourth Amendment issue in a police officer posing as a false friend on social media accounts to see defendant’s private pages he shares with others. Here, defendant was seen wearing a gold chain taken from his robbery … Continue reading

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CA6: Carpenter decided after notice of appeal didn’t apply to defendant

CSLI was admitted at trial without objection. Carpenter was decided after the notice of appeal. On plain error review, there is no error because the CSLI was lawfully obtained at the time and the good faith exception applies. United States … Continue reading

Posted in Cell site location information, Good faith exception, Probable cause | Comments Off on CA6: Carpenter decided after notice of appeal didn’t apply to defendant

CA6 sustains Playpen warrant under GFE

Playpen warrant was valid under good faith exception. United States v. Moorehead, 2019 U.S. App. LEXIS 639 (6th Cir. Jan. 9, 2019).* Defendant was not entitled to discovery of the exploit code used in the NIT warrant to locate him. … Continue reading

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CA9: Exclusionary rule doesn’t apply is SSI proceedings unless illegal search “egregious”

The exclusionary rule does not apply to a Social Security ALJ’s determination on supplemental income unless the illegal search can be shown to be egregious. Viewing the video, this one was not. Foote v. Berryhill, 2019 U.S. App. LEXIS 928 … Continue reading

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