Category Archives: Probable cause

CA9: Call from jail to def’s cell phone advising him to have another flee was PC for phone

A jail phone call to defendant’s cell phone telling him to tell another to flee was probable cause for a search of the phone. United States v. Carter, 2019 U.S. App. LEXIS 10906 (9th Cir. Apr. 12, 2019).* Officers acted … Continue reading

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ND: Trash search corroborated anonymous tip and provided PC

Acting on an anonymous tip that defendant had obtained a fair amount of marijuana and brought it back to town, police did a trash search and found significant corroborating evidence that he’d have marijuana in the house. The court distinguishes … Continue reading

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D.Mont.: Omission of def’s acquittal in a somewhat related case before the SW was issued was a Franks violation, but adding it in still leads to PC

The affidavit for search warrant omitted that defendant had been tried and acquitted of incest shortly before. Recasting the affidavit to include that fact, however, still leads to probable cause. “The Court determines that probable cause remains even after the … Continue reading

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E.D.Ky.: Yes, there were flaws in the warrant application, but it still showed PC on the totality

The search warrant permitted a search of things on the curtilage like a camper, vehicles, shed, and a garage all in close proximity to the house. The affidavit has its flaws, but it’s good enough on the totality to show … Continue reading

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MO: No REP in third-party communications with Google and Craiglist

Defendant “fails to demonstrate that he had a legitimate expectation of privacy in the communications he voluntarily delivered to unknown third parties using Google and Craigslist.” State v. Demark, 2019 Mo. App. LEXIS 446 (Apr. 2, 2019). The search warrant … Continue reading

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D.Md.: Recorded call about a murder was PC for search of phone for evidence of the call

A recorded telephone call with the defendant allegedly discussing a murder supported probable cause to search his cell phone for evidence of the call. United States v. Worthy, 2019 U.S. Dist. LEXIS 56275 (D. Md. Apr. 2, 2019). Defendant was … Continue reading

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TX: Warrantless seizure of blood drawn at hospital for diagnostic purposes unreasonable

The trial court properly granted defendant’s motion to suppress challenging the State’s seizure and search of vials of his blood drawn at a hospital for medical purposes. The government’s testing constituted a warrantless search of his blood sample in violation … Continue reading

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CA1: Def consented to seizure of his hard drives, including providing password over the phone

A child pornography knock and talk was conducted in Louisiana, and defendant consented to seizure and search of his hard drives. The first encounter with defendant was outside the house. Any illegality was attenuated. When police attempted to search the … Continue reading

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N.D.Fla.: 2254 doesn’t give jurisdiction over state law search and seizure claims

Defendant’s habeas claim that state law wasn’t followed in issuing a search warrant doesn’t state a 2254 claim. [Aside from Stone v. Powell, of course.] Roland v. Sec’y, Dept. of Correction, 2019 U.S. Dist. LEXIS 40581 (N.D. Fla. Mar. 13, … Continue reading

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S.D.Ohio: An observation in the premises before SW was sought was excluded from consideration and PC still existed

A walk through of defendant’s premises before seeking a search warrant resulted in observation of digital scales and that observation got into the search warrant application. Excluding that still resulted in probable cause. United States v. Baker, 2019 U.S. Dist. … Continue reading

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W.D.Pa.: Trash pulls finding baggie cut corner pieces was probable cause

Trash pulls finding baggie cut corner pieces was probable cause for possession of drugs on the premises. United States v. Jackson, 2019 U.S. Dist. LEXIS 38664 (W.D. Pa. Mar. 11, 2019) The evidence shows that defendant’s wife consented to a … Continue reading

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D.N.M.: Citizen informants saw shooting, and video surveillance caught image of def’s car at the time, and that was PC for arrest

Citizen informants saw a shooting from a vehicle and area video surveillance caught an image of defendant’s car. Police looked, and he was convicted felon. There was thus probable cause for defendant’s arrest. United States v. Cotto, 2019 U.S. Dist. … Continue reading

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