Category Archives: Probable cause

S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information

A CI gave emails to government investigators about health care fraud. They and other information provided probable cause for more emails. The warrants were particularized by being limited to eight categories. United States v. Mathieu, 2018 U.S. Dist. LEXIS 192281 … Continue reading

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E.D.Mich.: Illegally obtained evidence cannot be used to establish probable cause

Illegally obtained evidence cannot be used to establish probable cause. United States v. Gordon, 2018 U.S. Dist. LEXIS 190782 (E.D. Mich. Sept. 12, 2018):

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W.D.La.: Officers’ subjective belief in def’s standing at time of search isn’t material to the court’s determination on objective facts

At the time of the search, officers believed defendant had standing in the place searched, but that’s not relevant to the court’s determination. “Federal agents were aware of Defendant and believed that he lived in the residence in question. But … Continue reading

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CA8: Means and opportunity to commit bank robbery and carjacking in flight was PC

Defendant’s means and opportunity to commit this bank robbery and carjacking in flight was probable cause. Video showing him at a motel was nexus to his room. United States v. Evans, 2018 U.S. App. LEXIS 31326 (8th Cir. Nov. 6, … Continue reading

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The Recorder/Law.com: NITs to Pick: An EFF Attorney Riffs on a Recent Ninth Circuit Malware Decision

The Recorder/Law.com: NITs to Pick: An EFF Attorney Riffs on a Recent Ninth Circuit Malware Decision by Ian Lopez: The Electronic Frontier Foundation’s Andrew Crocker says that a controversial warrant employed in an FBI child pornography sting also recently waived … Continue reading

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CA6: Affidavit for SW failed both PC and nexus, but GFE applied: affidavit was detailed and 62 pages

The affidavit for the search warrant here failed to show both probable cause and nexus, and the court details why. However, the 62 page detailed affidavit detailing the whole investigation was not bare bones by any means, and the good … Continue reading

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OH5: To prove GFE doesn’t apply, the defense has to show bad faith [never mind that the burden is on the govt in GFE]

Officers could conduct a protective sweep when executing a search warrant. “In the case at hand, there was no testimony regarding bad faith on part of the officers who searched the residence where Appellant was hiding.” State v. Davis, 2018-Ohio-4368, … Continue reading

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D.Kan.: After a Franks hearing, PC exists despite omitted information

Defendant was under investigation for threatening to use a weapon of mass destruction. After the search, police found child pornography, too. He filed a Franks motion about omitted information and got a hearing. The court finds probable cause and no … Continue reading

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CA6&4: There clearly was PC for the SWs

“The affidavits supporting the searches of Sullivan’s apartment and vehicle overwhelmingly established probable cause to believe that Sullivan committed voyeurism, burglary, and possession of criminal tools.” “The search warrants for Sullivan’s vehicle, apartment, and computer were all sufficiently particular. The … Continue reading

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CA10: Body camera video showed consent, and it was a far more congenial sounding conversation than the transcript read

The body camera video shows defendant’s mother consented to the search of the premises, and it is noticeably less allegedly coercive sounding than the transcript. United States v. Morris, 2018 U.S. App. LEXIS 29830 (10th Cir. Oct. 23, 2018). The … Continue reading

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TN: Police get a call about a passed out parked car driver, but when they get there he’s out of the car; under community caretaking function they can still inquire what’s going on

Police received a call from a liquor store operator that a man was passed out in a car behind the store. When they got there, the man was getting in the car. The community caretaking function still applied because of … Continue reading

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CA7 also affirms Playpen warrant on PC and GFE

As with every other circuit, the Seventh Circuit affirms a Playpen warrant on probable cause and good faith exception. United States v. Kienast, 2018 U.S. App. LEXIS 29887 (7th Cir. Oct. 23, 2018).* Probable cause for the search warrant for … Continue reading

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