Author Archives: Hall

C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off

CA8: Def consented by his admissions on two recordings and rejecting expert witness saying consent form was forged

The district court’s findings of consent were supported by the evidence. Defendant provided a claimed expert witness that testified that the signature on the consent form appeared to be forged. The government’s cross examination attacked the witness’s methodology and qualifications, … Continue reading

Posted in Consent, Informant hearsay | Comments Off

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off

TN: Conclusory statement from CI defs had drugs and unsuccessful controlled buy was neither PC for warrant nor RS for probation search

The trial court properly granted defendants’ motion to suppress evidence seized as a result of a warrantless search of their house. The information possessed by the officers at the time of the search, including a conclusory statement from a confidential … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

ZDNet et al: Trump administration demands data on over a million visitors to anti-Trump site

ZDNet: Trump administration demands data on over a million visitors to anti-Trump site by Zack Whittaker The EFF, representing Dreamhost in the case, called the Justice Dept’s order ‘unconstitutional’. ACLU: Massive Search Warrant Targets Anti-Trump Website in Clear Threat to … Continue reading

Posted in Surveillance technology | Comments Off

CA6: Arrest warrants don’t get stale like SWs

Application for a COA on a 2255 appeal for failing to timely file a motion to suppress is denied. Arrest warrants don’t get stale like search warrants, and such a staleness argument would fail. Also, the record shows that the … Continue reading

Posted in Arrest or entry on arrest, Staleness | Comments Off

OR: No exigency for warrantless entry into home for BAC when another warrant required for that anyway

In a DUI case, the state did not show exigent circumstances to enter defendant’s home to take him into custody to then have to seek a search warrant for his blood anyway. State v. Ritz, 361 Ore. 781, 2017 Ore. … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency | Comments Off

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs by Shayna Posses:

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off

CA4: Inevitable discovery applies to def’s name

The district court did not err in finding the inevitable discovery doctrine applied where officers responded to an assault call and saw defendant, believed to be a felon, with a gun. It was inevitable that police would have lawfully discovered … Continue reading

Posted in Inevitable discovery, Probable cause | Comments Off

LA2: A host of RS: (1) no DL or paperwork on car; (2) suspicious travel plans; (3) extensive criminal history of driver and passenger; (4) not knowing passenger’s name

“As previously noted in [the first appeal of this case,] Tpr. Sharbono’s testimony provided the articulable facts that raised his suspicions of other illegal activity: (1) Manning had no driver’s license or paperwork for the vehicle he was driving; (2) … Continue reading

Posted in Computer searches, Reasonable suspicion | Comments Off