Author Archives: Hall

IA: One-way cross country rental and multiple cell phones wasn’t RS for extending stop

The officer had no reasonable suspicion developed from defendant’s traffic stop. The rental car was a one-way rental in the name of another and defendant had multiple cell phones. The stop, for all intents and purposes, appears strung out to … Continue reading

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OH2: Def’s allegedly carrying a rifle in an apartment building parking lot, even if true, wasn’t RS

A phone call to the police said there was a man walking through an apartment building parking lot carrying a rifle, something that wasn’t a crime. Police responded and saw defendant. They approached him when he wasn’t carrying a rifle, … Continue reading

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OH2: Open-ended consent to search a car includes closed containers, here def’s purse

During a traffic stop, defendant consented to a search of her car. She was out of the car and her purse was inside. The consent was open-ended, and it thus would include closed containers, like her purse in the front … Continue reading

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TN: Defense counsel’s failure to object to officer’s testimony of def’s confession during suppression hearing violated Simmons but was harmless

Defendant on post-conviction showed that defense counsel’s performance was deficient for not objecting under Simmons to a state investigator’s testimony that he confessed to the crime in his suppression hearing testimony. Defendant, however, can’t show prejudice because of the other … Continue reading

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KS: 911 call of person shot brought police; entry justified under exigent circumstances

Police received a call that a person had been shot at a particular address. They arrived and saw two women arguing with a man. He ran off. The officers asked if the women were hurt, and they said they weren’t. … Continue reading

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WV: Exclusionary rule does not apply in civil cases

DHHR obtained information about the parents from an alleged illegal stop. The exclusionary rule doesn’t apply in civil cases. In re N.R., 2019 W. Va. LEXIS 524 (Nov. 7, 2019). A game warden approached plaintiff sitting in his truck in … Continue reading

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WA: Cell phone ping was a search, but here it was reasonable because of exigency

A cell phone ping is a search under the Fourth Amendment and Washington Constitutions requiring a warrant. It was reasonable here, however, because of exigent circumstances because defendant was a suspect, and the police feared he’d fled. State v. Muhammad, … Continue reading

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Adventures in federal court in Springfield MO

I tried a ten count wire fraud and money laundering case in the Western District of Missouri in Springfield this past week. The jury convicted. The last 30 minutes was the most interesting, and gratifying: As we came back for … Continue reading

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N.D.Okla.: Particularity in computer searches depends on how SW was executed

Particularity in a computer search has to be flexible and reasonable because of the vast amount of information that is of necessity swept up. “Instead of applying rigid rules requiring particularity when seeking a warrant, the focus should be on … Continue reading

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S.D.Fla.: Cruise ship cabins are subject to border search

Defendants were passengers on the cruise ship MSC Seaside which arrived at Miami from Carribean ports. The passenger cabins were subject to search under the border search exception. When they knocked at the cabin door and it opened, they could … Continue reading

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D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

Defendant’s government work emails were searched without a warrant, and it’s clear, based on warnings on the computer at every sign in and regular training, that he was well aware everything on the computer has no reasonable expectation of privacy. … Continue reading

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E.D.Ky.: Govt didn’t exceed NCMEC’s private search

NCMEC was a private entity and not a government actor. The government didn’t exceed the private search. United States v. Kendall, 2019 U.S. Dist. LEXIS 192442 (E.D. Ky. Nov. 6, 2019). Defendant had no reasonable expectation of privacy in an … Continue reading

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