Category Archives: Admissibility of evidence

GA: Officers had PC a knife used in a murder was in a well; the SW said “curtilage” and didn’t have to say “well” to be valid

Officers obtained a search warrant involving a 34½ year old murder. After charges were filed the state sought a second search warrant to search a well for evidence. There was a substantial basis for searching the well based on the … Continue reading

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E.D.N.C.: On a video that’s integral to the PC, the reliability of the time stamp isn’t to be inquired into or it becomes a “hypertechnical” review

Defendant was on a surveillance video 33 days before a search warrant was sought for the weapon since he was a felon. The warrant was not stale because people almost always keep firearms for a long time. Defendant’s challenge to … Continue reading

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D.Mont.: Incidents leading to SW doesn’t necessarily make them relevant for trial; motion in limine granted

Prior incidents led to the search warrant here, but that doesn’t make them admissible in this trial. Motion in limine granted. United States v. Knapp, 2019 U.S. Dist. LEXIS 177213 (D. Mont. Oct. 11, 2019). The plaintiff didn’t overcome the … Continue reading

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AZ: Presenting a consent form after def lawyers-up doesn’t violate Miranda

Defendant was Mirandized, and she lawyered up. She was presented with a consent form for her cell phone with the understanding that if she didn’t consent they’d get a search warrant. She didn’t ask for a lawyer, and she consented. … Continue reading

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W.D.Wash.: A private actor who stole evidence as “insurance” was not an agent of the state for 4A purposes

“The evidence at best suggests that Young was securing the information he eventually turned over to the FBI from NWTM as a form of personal insurance against any action he suspected might be taken against him. There is no evidence … Continue reading

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CO: Authentication of SW production from Dropbox not self-authenticating as exhibit

Production of records of documents from a Dropbox account by search warrant is not the same as records from a social media account that are more likely to be self- or nearly self-authenticating. Officers can attempt to authenticate the latter, … Continue reading

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