Category Archives: Consent

MD: Consent to search computer was withdrawn before search

Defendant signed a consent to search his computer hard drive to the US Army CID, but, once lawyered up, he effectively withdrew the consent a week later. The hard drive was searched after the withdrawal of consent, and the search … Continue reading

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IN: Juvenile’s blood draw by consent without statutory parental notification suppressed

The juvenile’s consent to a blood draw was without parental notification as required by statute, and it was expressed as a mere formality. The blood draw is suppressed. L.W. v. State, 2022 Ind. App. LEXIS 379 (Nov. 23, 2022). Defendant’s … Continue reading

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AF: Download of CP via Kik app permitted search of other storage devices it could have been transferred to

In this child pornography case, the initial probable cause was downloading it via the Kik app. The warrant included other electronic devices. Defendant’s argument that only smartphones could be searched is rejected. It was logical that images could have been … Continue reading

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M.D.Fla.: Lack of a notary seal on state SW papers is a frivolous 4A issue

The Fourth Amendment argument that lack of a notary seal on Florida search warrant papers makes it void is frivolous. Amalfitano v. United States, 2022 U.S. Dist. LEXIS 209729 (M.D. Fla. Nov. 18, 2022). An officer using a dead man’s … Continue reading

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S.D.W.Va.: Dispatch’s mistake of fact def’s vehicle was unregistered did not make stop unreasonable

Defendant challenged one basis for his stop, an inspection sticker. However, dispatch also said the vehicle was unregistered and that’s a valid reason. It turned out, however, it was validly registered. “It does not matter that Defendant’s vehicle was in … Continue reading

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IL: Smell of burnt mj alone not RS

The smell of burnt cannabis without seeing more is not reasonable suspicion in Illinois. People v. Redmond, 2022 IL App (3d) 210524, 2022 Ill. App. LEXIS 479 (Nov. 15, 2022). On an Anders brief, the inventory search of defendant’s car … Continue reading

Posted in Consent, Inventory, Particularity, Plain view, feel, smell, Probation / Parole search, Reasonable suspicion | Comments Off on IL: Smell of burnt mj alone not RS

N.D.Ind.: The exclusionary rule is not the remedy for a high-speed chase to capture defendant

The exclusionary rule is not the remedy for a high-speed chase to capture defendant. United States v. Tyms, 2022 U.S. Dist. LEXIS 204894 (N.D. Ind. Nov. 10, 2022) Defendant was finally in custody when the police sought to take his … Continue reading

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NY2: Trial court didn’t deny due process by deciding suppression motion on a ground not argued by state, except for being just wrong on the law

The trial court did not deny due process by deciding the suppression issue on an alternative ground not advanced by the state below. The problem is, however, that the record does not support the result below, and it is reversed. … Continue reading

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GA: Consent to search backpack included laptop inside when def didn’t object

Defendant clearly consented to a search of his backpack. When the officer encountered his laptop and opened it to turn it on, defendant never objected. Winslow v. State, 2022 Ga. LEXIS 297 (Nov. 2, 2022). The underlying facts for reasonable … Continue reading

Posted in Automobile exception, Computer and cloud searches, Consent, Reasonable suspicion, Standards of review | Comments Off on GA: Consent to search backpack included laptop inside when def didn’t object

CA11: Can’t force a Franks hearing by mandamus; there’s a right to appeal

“Spencer’s claim for mandamus relief is frivolous. Liberally construing his mandamus petition, Spencer appears to seek an order directing the district court to hold a Franks hearing in his underlying criminal case in relation to the seizure of evidence used … Continue reading

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MD: Two men talking at a car idling in a parking lot in a high-crime residential area at 11:30 pm wasn’t RS

Two men talking with another in a car in a high crime area at 11:30 pm in parking lot in a residential area was not reasonable suspicion. One of the men reached into the car, but there’s no way of … Continue reading

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E.D.Pa.: Threat to get SW was real and lawful and did not coerce consent

“Mr. Adams contends that the agents coerced him into giving consent involuntarily when they threatened to seize his phone and hold it until they obtained a search warrant. … I disagree. For the reasons stated below, I conclude that Mr. … Continue reading

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D.Nev.: Ptf states claim AT&T provided real time CSLI to police without warrant

Plaintiff’s complaint that AT&T provided real time CSLI to Reno police without a search warrant states enough of a claim to proceed for now. Houston v. AT&T, 2022 U.S. Dist. LEXIS 194789 (D. Nev. Oct. 26, 2022). Defendant was found … Continue reading

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FL2: With an “extreme display of authority and … ‘overbearing tactics” was not by consent

With an “extreme display of authority and … ‘overbearing tactics” was not by consent. Dydek v. State, 2022 Fla. App. LEXIS 7253 (Fla. 2d DCA Oct. 26, 2022):

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M.D.Fla.: Alleged nice “threat” to break down door to enter on warrant was not coercive

Officer’s alleged threat to break down the door stated in a nice tone of voice was not coercive, even if true, because the officer could have. On the totality, there was consent to enter to execute the arrest warrant because … Continue reading

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NC: Not plain error for officer to read from SW affidavit at trial

The officer’s reading from the search warrant affidavit at trial because it contained hearsay may have been error, but it wasn’t plain error. Defendant was free to cross-examine on all of that to mitigate prejudice [if he could]. State v. … Continue reading

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E.D.Cal.: Contraband cell phone in prison can be wiretapped outside of Title III

Because there is no reasonable expectation of privacy in a prison or in a cell phone in prison, a contraband cell phone can be wiretapped without a Title III warrant. United States v. Bash, 2022 U.S. Dist. LEXIS 180680 (E.D. … Continue reading

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SC: Request for consent with “do you mind” met with “I do but …” not voluntary. Also no RS for continuing stop.

“Here, even after accepting the trial court’s factual findings as we must do since they are supported by some evidence, we conclude that Hall lacked reasonable suspicion as a matter of law pursuant to de novo review.” As to consent, … Continue reading

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IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

Under dual sovereignty, the federal court’s suppression of evidence in defendant’s federal criminal case had no preclusive effect on a following state court prosecution. The identity of the parties was different. On the merits, the state court concludes there was … Continue reading

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IA: Federal reverse silver platter of anticipatory SW was valid

Defendant was the target of an anticipatory federal search warrant for drugs. The federal government instead let the state prosecute. The Iowa constitution, however, does not permit anticipatory search warrants. Defense counsel didn’t raise the state constitutional issue before trial. … Continue reading

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