Category Archives: Probation / Parole search

M.D.Fla.: Seven week delay for SW for cell phone validly seized wasn’t unreasonable

A delay of seven weeks for seeking a search warrant for a cell phone already validly seized wasn’t unreasonable. Several cases approved long delays, and this is near the outer limit, but still valid. United States v. Butler, 2020 U.S. … Continue reading

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M.D.N.C.: Two SWs were issued, and second did not supersede the first

Two search warrants were issued May 28 & 29, 2019. They were both issued with probable cause, they weren’t stale, and the second did not supersede the first. No case supports this latter argument. United States v. Atkins, 2020 U.S. … Continue reading

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NC: State fails to show need for satellite based monitoring of sex offender who won’t be released from prison until 2032

The state fails to show the need for constant satellite based monitoring for defendant convicted sex offender who won’t even be released from prison until 2032. State v. Gordon, 2020 N.C. App. LEXIS 205 (Mar. 17, 2020):

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CA2: Even assuming this supervised release search lacked RS, there were facts supporting it and the exclusionary rule will not be applied

Even if the supervised release search here was without reasonable suspicion, the purposes of the exclusionary rule aren’t served. “Even assuming [Officer] Dyckman acted unreasonably in failing to conduct further investigation before executing the search, this is not the kind … Continue reading

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OH10: Lack of findings of fact and conclusions of law on grant of suppression motion requires remand to make them

The trial court’s grant of suppression is reversed and remanded because of its inadequate findings of fact and conclusions of law for appellate review. State v. Peeks, 2020-Ohio-889, 2020 Ohio App. LEXIS 812 (10th Dist. Mar. 10, 2020). Defendant officers … Continue reading

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OH2: Nighttime SW approved essentially just because police wanted to search ASAP

The court sustains a nighttime search warrant based solely on the fact that there were some sales of drugs from the house without specifying the time, and that it was “urgent” that the raid happen now for drugs, potential weapons, … Continue reading

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NC: 30 years of satellite based monitoring of this convicted sex offender was unreasonable

30 years of satellite based monitoring of this convicted sex offender was unreasonable under Grady v. North Carolina and subsequent state cases. State v. Griffin, 2020 N.C. App. LEXIS 139 (Feb. 18, 2020). The trial court credited the officer’s testimony … Continue reading

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CA9: Unobjected to supervised release search condition was reasonable

Defendant’s supervised release unobjected to search condition is reviewed for plain error and found reasonable from his criminal history. United States v. Oseguera, 2020 U.S. App. LEXIS 4350 (9th Cir. Feb. 10, 2020).* Giving deference to the state court affidavit … Continue reading

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MA: Probation search of cell phone photo app was reasonable; could be used in a subsequent prosecution

Defendant’s probation search of a photo app on his cell phone that revealed child pornography and led to a search warrant of his residence was reasonable. The product of all the searches was admissible against him in a subsequent criminal … Continue reading

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CA4: 4A doesn’t require a particular statement of the crime under investigation if it otherwise adequately describes the place to be search or the person or thing to be seized

“More fundamentally, we think that the premise of Blakeney’s argument — that a search warrant always must specify the crime for which the executing officers may seek evidence – is mistaken. The Fourth Amendment ‘specifies only two matters that must … Continue reading

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CA6: Probation search justified by two drug arrests and posting $125k bond with no job

Defendant’s probation search condition permitted the search here, and officers had reason: He was arrested twice for drug offenses and posted $125,000 in bond despite having no apparent source of income. United States v. Tucker, 2020 U.S. App. LEXIS 3264 … Continue reading

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Cal.: Mid-trial objection to question based on lack of PC for search was untimely objection to the search

A mid-trial objection to evidence on the ground there was no probable cause for the police action in the search was untimely. It can only be brought during trial if the facts weren’t known until then, and that’s not what … Continue reading

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