Author Archives: Hall

E.D.N.Y.: Vehicle occupant’s “dipping motion” during stop was hiding something and RS

A vehicle occupant making a “dipping motion” when a stop occurs like they’re putting something on the floor or under the seat, either contraband or a weapon, is reasonable suspicion. United States v. Roberts, 2018 U.S. Dist. LEXIS 161968 (E.D. … Continue reading

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N.D.Ga.: While the question is close, consent was voluntary on the totality; it was asked for, not coerced

Officers were in the house and finally asked for permission to search. While the question is close, the court finds consent was voluntary on the totality. United States v. Avellaneda-Dimas, 2018 U.S. Dist. LEXIS 161865 (N.D. Ga. July 24, 2018),* … Continue reading

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WaPo: A serial rapist eluded police for years. Then they searched a genealogy site.

WaPo: A serial rapist eluded police for years. Then they searched a genealogy site. by Eli Rosenberg:

Posted in DNA, Third Party Doctrine | Comments Off on WaPo: A serial rapist eluded police for years. Then they searched a genealogy site.

CA6: Dist.Ct. erroneously suppressed over two kgs of heroin; the affidavit for SW showed a reasonable inference drugs would be found at home and GFE applied

The district court suppressed over two kilos of heroin finding that the affidavit for search warrant didn’t show probable cause and nexus to the defendant’s house. The Sixth Circuit reversed on both the probable cause and nexus issue and it … Continue reading

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D.Conn.: Targetted burner phone ringing during stop on RS was PC for def’s arrest

CIs gave information that they bought drugs from a guy with a burner phone, and the phone was ultimately linked to defendant. Based on collective knowledge, the police had sufficient information for reasonable suspicion to stop and detain defendant. Defendant … Continue reading

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E.D.N.C.: Def who shipped FedEx packages under an alias had no standing to contest a search in transit since it was impossible for him to claim them

Defendant shipped packages by Federal Express using his deceased brother’s name as an alias. He had no standing to contest the search of the packages at the Greensboro NC hub. He had no ability to retrieve the packages in transit … Continue reading

Posted in Mail and packages, Standing | Comments Off on E.D.N.C.: Def who shipped FedEx packages under an alias had no standing to contest a search in transit since it was impossible for him to claim them

Project on Government Oversight: A Day Without the Fourth Amendment

Project on Government Oversight: A Day Without the Fourth Amendment by Jake Laperruque: Accompany our hero on his journey through a fictional world without the Fourth Amendment.

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CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

Posted in § 1983 / Bivens, E-mail, Qualified immunity, Subpoenas / Nat'l Security Letters | Comments Off on CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

The police had a defective search warrant to bring them to defendant’s house to search the car in the driveway. The Pennsylvania Supreme Court held the year before Collins v. Virginia that the automobile exception didn’t apply in one’s driveway, … Continue reading

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DE applies Carpenter to January CSLI search; no action yet on state’s effort to get it again after motion to suppress

Defendant was the subject of a CSLI warrant in January 2018. After he filed a motion to suppress under Carpenter decided in June, the state sought the same information by a search warrant in August 2018. Carpenter applies here. The … Continue reading

Posted in Cell site location information, Inevitable discovery | Comments Off on DE applies Carpenter to January CSLI search; no action yet on state’s effort to get it again after motion to suppress

LA1: Not filing a motion and putting on proof on suppression issue gets it denied; but we’ll let you try it again

Making a constitutional argument about the implied consent law in opening statement and closing argument without a motion or briefing it is insufficient. Yet, remanded so he can do it again. [Not in most states; it would be denied and … Continue reading

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FL: Use of Stringray to find def to arrest him was valid or valid under GFE

The use of a Stingray cell site simulator to find defendant to find him to arrest him didn’t violate the Fourth Amendment. Even if it did, the good faith exception makes it valid here. Andres v. State, 2018 Fla. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Stingray / Hailstorm | Comments Off on FL: Use of Stringray to find def to arrest him was valid or valid under GFE