Author Archives: Hall

N.D.Ga.: Car not abandoned by fleeing def because a co-def stayed with it

A car is not abandoned by the defendant merely because, when he fled, a confederate stayed behind. United States v. Gibbs, 2018 U.S. Dist. LEXIS 187572 (N.D. Ga. Nov. 2, 2018). The audio recording of the police-citizen interaction has enough, … Continue reading

Posted in Abandonment, Franks doctrine | Comments Off on N.D.Ga.: Car not abandoned by fleeing def because a co-def stayed with it

OR: A bulge in def’s pocket was not RS for a patdown without more

The officer articulated no reason for the officer safety exception for searching defendant’s pockets. A bulge in defendant’s clothing was not enough. State v. Leach, 294 Ore. App. 639 (Nov. 2, 2018). “[W]e have held that the lawfulness of the … Continue reading

Posted in Reasonable suspicion | Comments Off on OR: A bulge in def’s pocket was not RS for a patdown without more

VA: Statute on filing warrant papers in court is procedural and suppression not the remedy

The statute requiring search warrant papers be filed with the circuit clerk is merely procedural, and it confers no substantive rights for its violation. Heroin in the car was visible from outside and thus in plain view, and that was … Continue reading

Posted in Warrant execution, Warrant requirement | Comments Off on VA: Statute on filing warrant papers in court is procedural and suppression not the remedy

The Crime Report: Does the Fourth Amendment Block Cops from Using Artificial Intelligence?

The Crime Report: Does the Fourth Amendment Block Cops from Using Artificial Intelligence? by J. Gabriel Ware: The constitutional prohibition against unreasonable searches and seizures could prevent law enforcement from using the sophisticated surveillance technology made possible by artificial intelligence, … Continue reading

Posted in Surveillance technology | Comments Off on The Crime Report: Does the Fourth Amendment Block Cops from Using Artificial Intelligence?

S.D.N.Y.: FISA application may be reviewed ex parte and in camera and still comply with due process; probable cause shown

A FISA application that led to a prosecution may be reviewed ex parte and in camera and remain under seal, and this complies with due process. “Here, having reviewed the FISC’s probable cause determinations while affording these findings the requisite … Continue reading

Posted in FISA | Comments Off on S.D.N.Y.: FISA application may be reviewed ex parte and in camera and still comply with due process; probable cause shown

S.D.N.Y.: Basic questions about def’s cell phone as a prelude to asking for consent to search it is an exception to Miranda

Basic questions about defendant’s cell phone as a prelude to asking for consent to search it is an exception to Miranda. United States v. Okparaeke, 2018 U.S. Dist. LEXIS 188191 (S.D. N.Y. Nov. 3, 2018):

Posted in Consent | Comments Off on S.D.N.Y.: Basic questions about def’s cell phone as a prelude to asking for consent to search it is an exception to Miranda

KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she’d been handcuffed and led away. The state’s argument that inevitable … Continue reading

Posted in Drug or alcohol testing, Search incident | Comments Off on KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

NH: Def who borrowed car not prejudiced by five day delay in getting SW for it

Because defendant didn’t own the car he borrowed, he wasn’t prejudiced by the five day delay in getting a search warrant for it. State v. Stacey, 2018 N.H. LEXIS 208 (Nov. 2, 2018). State law requires automobile exception apply to … Continue reading

Posted in Automobile exception, Warrant execution | Comments Off on NH: Def who borrowed car not prejudiced by five day delay in getting SW for it

D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

Defendant’s use of IP addresses his computer signed in through isn’t enough like CSLI in Carpenter to require a search warrant. United States v. Monroe, 2018 U.S. Dist. LEXIS 186998 (D. R.I. Nov. 1, 2018):

Posted in Computer searches, Third Party Doctrine | Comments Off on D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”

A probation search of a cell phone is permitted under a provision in the search condition for searching “personal effects.” United States v. Ard, 2018 U.S. Dist. LEXIS 187125 (E.D. La. Nov. 1, 2018). There’s no evidence that NCMEC’s search … Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off on E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”

M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

Asking that a lawyer get to look at a search warrant with an electronic signature for validity is not a refusal to consent under Georgia v. Randolph. United States v. Sanchez, 2018 U.S. Dist. LEXIS 187115 (M.D. Fla. Nov. 1, … Continue reading

Posted in Consent, Independent source | Comments Off on M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

N.D.Ohio: Thermal imaging SW was based on probable cause because CI corroborated

“The Chardon Municipal Court Judge had a substantial basis for concluding that probable cause existed in issuing the warrant for a thermal image search of 7071 Ledge. The Government must obtain a search warrant before use of thermal imaging equipment … Continue reading

Posted in Informant hearsay | Comments Off on N.D.Ohio: Thermal imaging SW was based on probable cause because CI corroborated