Category Archives: Admissibility of evidence

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

Posted in Admissibility of evidence | Comments Off on D.Mont.: Incidents leading to SW doesn’t necessarily make them relevant for trial; motion in limine granted

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

Posted in Admissibility of evidence, Consent | Comments Off on AZ: Presenting a consent form after def lawyers-up doesn’t violate Miranda

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

Posted in Admissibility of evidence, Private search | Comments Off on W.D.Wash.: A private actor who stole evidence as “insurance” was not an agent of the state for 4A purposes

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

Posted in Admissibility of evidence, Computer and cloud searches | Comments Off on CO: Authentication of SW production from Dropbox not self-authenticating as exhibit