Category Archives: Waiver

CO: When IP address is the PC for a building, SW permits search of whole building

“This case concerns whether a search for Internet-related evidence that extended to a previously unknown basement apartment was reasonable, even though the apartment was not specified in the warrant. The supreme court holds that 1) the warrant’s reference to the … Continue reading

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D.P.R.: PR nighttime search rules irrelevant in federal court

Puerto Rico cases on nighttime search aren’t relevant in federal court. United States v. Pastrana-Román, 2023 U.S. Dist. LEXIS 238527 (D.P.R. March 9, 2023),* adopted, 2024 U.S. Dist. LEXIS 106442 (D.P.R. May 17, 2024).* Defendant didn’t show good cause for … Continue reading

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CA9: Boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce

A boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce rule. United States v. Jones, 2024 U.S. App. LEXIS 14481 (9th Cir. June 12, 2024). The government satisfied the independent source doctrine showing that it … Continue reading

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MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

Defendant told a person he called from jail to delete his Facebook accounts because of potentially incriminating evidence on it. The state showed probable cause and particularity for the Facebook warrant. State v. Sardina-Padilla, 2024 Minn. LEXIS 307 (June 12, … Continue reading

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NJ: Smell of MJ permits search of locked glovebox under automobile exception

The smell of marijuana permitted a search of a locked glove compartment in a car under the automobile exception without officers having to determine exactly where the smell was coming from. A locked glove compartment is not analogous to the … Continue reading

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TN: Redacted SW affidavit came in at trial by agreement; not plain error

The affidavit for a search warrant was redacted and admitted as evidence at trial by agreement. The issue was waived and is subject to plain error review, and it’s not plain error. Even if it was, it was harmless error … Continue reading

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E.D.N.Y.: iCloud SW was particular to time and offenses

“The Court finds both the iCloud and Midwood Lumber Warrants were sufficiently particularized and tethered to the Affidavits’ probable cause showings, thereby meeting the Fourth Amendment’s requirements.” … “[I]he iCloud Warrant identifies the property to be searched as “information associated … Continue reading

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DE: Consent to search cell phone after false statement officers had SW was invalid

Defendant’s alleged consent to search his cell phone came after officers told him they had a warrant, which they didn’t, until the next day. Defense counsel was ineffective for not challenging the search. Matthews v. State, 2024 Del. LEXIS 202 … Continue reading

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MO: Search incident can happen at mobile booking center without going to jail

A search incident can occur even where defendant is at a mobile booking place without being transported to jail. State v. Boehmer, 2024 Mo. App. LEXIS 314 (May 14, 2024). Defendant’s concession in the trial court that the stop and … Continue reading

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TN: “Possessions” in search clause of state const. gives REP in rural hunting land

Because the Tennessee Constitution uses “possessions” rather than “effects,” plaintiff had a reasonable expectation of privacy in rural land that he used that wildlife officers entered upon to enforce hunting laws. Rainwaters v. Tenn. Wildlife Res. Agency, 2024 Tenn. App. … Continue reading

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MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

There’s no difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it. State v. Carbo, 2024 Minn. LEXIS 236 (May 8, 2024). [A creative argument, but one always doomed … Continue reading

Posted in Abandonment, Automobile exception, Search incident, Waiver | Comments Off on MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

A word about Franks issues

Defendant’s quibbling¹ over the word choices in the affidavit didn’t provide a “substantial preliminary showing” for Franks. Review shows it wasn’t even inaccurate. United States v. Pettigrew, 2024 U.S. App. LEXIS 11328 (6th Cir. May 7, 2024).* [¹My choice of … Continue reading

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CA10 dissent: Bivens on its last legs

CA10, Tymkovich, Circuit Judge, dissenting: Bivens is a relic of the 20th Century and it’s just a matter of time until it’s gone. Mohamed v. Jones, 2024 U.S. App. LEXIS 11089 (10th Cir. May 7, 2024). The affidavit for the … Continue reading

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D.P.R.: Def waived his Franks by providing nothing to show what’s what

“Although Defendant suggests that a Franks-like challenge was made during the suppression hearings in the Puerto Rico state court, he fails to develop any type of Franks argument in this case. Indeed, Defendant does not provide copies of the search … Continue reading

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D.Nev.: Exclusionary rule does not apply to IRS violating its operations manual

The exclusionary rule does not apply to the IRS allegedly violating it’s own operations manual. United States v. Pacheco, 2024 U.S. Dist. LEXIS 80448 (D. Nev. May 2, 2024). “Neither party cites, nor have we have found, any published cases … Continue reading

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CA5: Deficient privilege log after records search was waiver

After voluminous records were seized with a warrant, defendant’s privilege log was deficient to identify who and what, and that was treated as waiver. United States v. Fluitt, 2024 U.S. App. LEXIS 9983 (5th Cir. Apr. 24, 2024). Defendant was … Continue reading

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VA: Outline of a gun in def’s pocket was RS

The outline of a gun in defendant’s pocket was reasonable suspicion. Alvin v. Commonwealth, 2024 Va. App. LEXIS 230 (Apr. 23, 2024). Even if a prior search was unreasonable, there was an independent source for the warranted search of defendant’s … Continue reading

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W.D.N.Y.: Def had no standing in a place he wasn’t allowed to be on parole

As a parolee, defendant didn’t show standing in his girlfriend’s apartment when he wasn’t supposed to even be there in violation of parole. United States v. Melvin, 2024 U.S. Dist. LEXIS 73044 (W.D.N.Y. Apr. 22, 2024). The officer showed probable … Continue reading

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M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn’t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. … Continue reading

Posted in Curtilage, Good faith exception, Neutral and detached magistrate, Waiver | Comments Off on M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

DC: A backpack left in a house and to be retrieved wasn’t abandoned

Defendant did not abandon his backpack that he left in the house he had a connection to. He intended to come back and get it. His reasonable expectation of privacy was objectively reasonable. United States v. Pope, 2024 D.C. App. … Continue reading

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