Category Archives: Probation / Parole search

PA: Car and phone were abandoned after police chase

Defendant was allegedly driving his car, fled a police stop and crashed into another car. He fled and abandoned the car leaving his cell phone inside. He reported it stolen the next morning, but that proved to be false. The … Continue reading

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AR: Probation search waiver can be required in suspended sentences, too

The state probation search waiver statute doesn’t refer to suspended sentences, but the court has the power to impose it there, too, even without a supervision requirement. Johnson v. State, 2023 Ark. App. 509 (Nov. 8, 2023). The dog sniff … Continue reading

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CA7: Misuse of dealer tag justified search incident

The district court decided this vehicle search on inventory. On appeal, the court goes with search incident because the vehicle was being driven with improper dealer tags. Officer “Hobbs’s search of the glovebox incident to Travis’s arrest was proper. Evidence … Continue reading

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S.D.N.Y.: SW affidavit not yet available to def merely for bail application

Defendant doesn’t get to see the affidavit for warrant yet just for his bail application because the government asserts the investigation is still ongoing. Discovery of child pornography was inadvertent, and the bail application isn’t a discovery device. The question … Continue reading

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D.Minn.: Non-authorized driver of rental car four hours late to return had no standing

Defendant was stopped driving a rental car four hours after the rental expired and he was not an authorized driver. He doesn’t show standing. United States v. Maiden, 2023 U.S. Dist. LEXIS 192555 (D. Minn. Sep. 5, 2023), adopted 2023 … Continue reading

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CA9: Drug dog entering vehicle after alert not unreasonable

The drug dog entering defendant’s vehicle after the alert is not unreasonable. An Idaho state CSLI warrant served outside of Idaho was not an issue for federal court. Even if the court agreed that there was a technical violation of … Continue reading

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D.Idaho: Parole search condition justified extending the stop

There was reasonable suspicion for continuing the stop, then probable cause. “Even absent probable cause, the search of Mr. Watson’s car was permissible as a search pursuant to a parole condition.” That alone justified extending the stop. United States v. … Continue reading

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E.D.Pa.: Officer’s question about firearms in car made def unreasonably nervous

During a traffic stop, the officer’s question about weapons in the car resulted in defendant’s getting unusually nervous, his breathing completely changing where his chest rose and fell, and he refused to look the officer in the eye. That was … Continue reading

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W.D.Wash.: Seizure of cell phone incident to arrest not invalid because it preceded actual arrest

Seizure of defendant’s cell phone incident to arrest wasn’t unreasonable just because it was seized before the arrest. United States v. Garg, 2023 U.S. Dist. LEXIS 183140 (W.D. Wash. Oct. 11, 2023). An extraneous name appearing in a warrant affidavit … Continue reading

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D.Mont.: Def’s interest in his package is a reasonable delivery time, but not an exact time

When a package in transit is detained for investigation, the person named on the package has an interest in a reasonable delivery time, but not an exact time. United States v. Hamlin, 2023 U.S. Dist. LEXIS 180215 (D. Mont. Oct. … Continue reading

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DE: High crime area + messy car ≠ RS

Defendant lived in a “high crime area,” and that did not make his car subject to search just because of alleged tips. “When Officer Millner asked Defendant whether there were guns or drugs in the vehicle, Defendant replied ‘no’ and … Continue reading

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W.D.N.Y.: Parolee had standing in place searched despite his reduced REP

The R&R determined that defendant parolee had no reasonable expectation of privacy in the place searched because of his parole status alone. The District Judge disagrees, finds enough standing to contest the search, and remands to the USMJ to decide … Continue reading

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AR: Dog alerted outside before it went in open door to sniff again

A drug dog alerted on defendant’s car before the dog approached an open door and sniffed inside, too. The outside alert made the inside alert reasonable. Fleming v. State, 2023 Ark. App. 439 (Oct. 4, 2023). Officers received an anonymous … Continue reading

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W.D.Mo.: SW found to have been served after 6 am, but even if not, no prejudice

The court’s credibility determination is that the warrant here was executed after 6:00 a.m., not before. Even if they arrived early, they didn’t enter until 6:00 a.m. “Assuming, arguendo, the officers searched Defendant’s home before 6:00 a.m., the facts demonstrate … Continue reading

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OH9: No justification needed for police to run an LPN number

No justification needed for police to run a LPN number. State v. Carter, 2023-Ohio-3452, 2023 Ohio App. LEXIS 3360 (9th Dist. Sept. 27, 2023). The court takes the government at its word that the search warrant defendant seeks doesn’t exist, … Continue reading

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S.D.N.Y.: Ptf being off parole at time of parole search stated claim

Plaintiff’s claim he was off parole when this parole search occurred at least survives a motion to dismiss. Aurecchione v. Falco, 2023 U.S. Dist. LEXIS 171131 (S.D.N.Y. Sep. 25, 2023). Defendant’s suppression motion against his residential search warrants was based … Continue reading

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D.Mont.: On foot in rural MT in area known for illegal border crossings was RS for stop

“Excluding Manrique-Frias’s clothing, the CBP officers observed Manrique-Frias walking in an unpopulated rural area within miles of the border where illegal on-foot entry recently had increased and in weather conditions that a person typically would not walk. Agent Buchnowski testified … Continue reading

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W.D.Tex.: Right to non-recording and distribution of jail calls to attorneys was clearly established

Plaintiff’s complaint against the jail for recording attorney-client calls and transmitting them to law enforcement and prosecutors stated a claim for relief that was clearly established. Hurdsman v. Gleason, 2023 U.S. Dist. LEXIS 163081 (W.D. Tex. Sep. 14, 2023). Defendant’s … Continue reading

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MN: CI’s successful track record supports reliability

The court reiterates that a CI’s successful track record supports his reliability. State v. Mosley, 2023 Minn. LEXIS 451 (Sep. 6, 2023). The exclusionary rule does not apply to supervised release violations. Defendant’s panicking to a felony arrest was “not … Continue reading

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TX1: SW for cell phone in jail property room was not stale

The search warrant for defendant’s cell phone in a burglary case was not based on stale information. She was in custody and her phone was in her property. Cell phone information is enduring. Veal v. State, 2023 Tex. App. LEXIS … Continue reading

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