Category Archives: Probation / Parole search

OH3: Def’s motion to determine legality of arrest never sought to suppress anything and wasn’t appealable

Defendant’s motion to determine the legality of his arrest was not even called a motion to suppress. It was not even appealable as it was framed. “[T]he motion filed by Sanchez on October 28, 2020, was not captioned a ‘motion … Continue reading

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CO: Typo in date (9/9 v. 9/30) in SW affidavit could be overlooked by other contents referring to previous few hours; GFE also applies

The typographical error in the affidavit showing the date as September 9th when it should have been September 30th could be overlooked because the affidavit as a whole referred to the previous few hours, and the good faith exception applies. … Continue reading

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D.Kan.: “The opening of the driver’s door had no effect or impact on the dog’s alert.”

“The opening of the driver’s door had no effect or impact on the dog’s alert.” United States v. Anderson, 2023 U.S. Dist. LEXIS 73033 (D. Kan. Apr. 26, 2023). The facts in the record support the automobile exception as the … Continue reading

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D.P.R.: Mere presence of FBI at USPO search didn’t make PO ‘stalking horse’

Mere presence of FBI and other law enforcement officers at USPO’s search based on reasonable suspicion did not make the PO a “stalking horse” for the police. United States v. Borges-Sánchez, 2023 U.S. Dist. LEXIS 66017 (D.P.R. Apr. 14, 2023). … Continue reading

Posted in GPS / Tracking Data, Nexus, Probation / Parole search, Unreasonable application / § 2254(d) | Comments Off on D.P.R.: Mere presence of FBI at USPO search didn’t make PO ‘stalking horse’

FL2: Def’s mental health seizure was unreasonable under state law; his search incident thus was unreasonable

Defendant’s mental health seizure didn’t comply with state law and was unreasonable. There was no face-to-face meeting to evaluate his condition required by law. His girlfriend had reported that he was sending suicidal text messages. K.M. v. State, 2023 Fla. … Continue reading

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NV: A-C privilege reason for return of documents

Attorney-client privilege is reason for return of documents under F.R.Crim.P. 41(g), and Nevada recognizes that, too, regardless of whether there is an open investigation. In re Search Warrants Regarding Seizure of Documents, 2023 Nev. App. Unpub. LEXIS 131 (Apr. 7, … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Hot pursuit, Probation / Parole search, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on NV: A-C privilege reason for return of documents

E.D.Va.: Seizing def as he was opening his door was an invasion of the curtilage without exigency

After an attempted traffic stop, following defendant to his front door and stopping him after the screen door was opened in between it and the front door was curtilage, even in an apartment building. There was no exigency justifying the … Continue reading

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MS: Thief has no standing in a stolen car

Defendant had no standing in a stolen vehicle. In addition, because it was stolen, impoundment and an inventory search would occur in any event, and that would have been legal anyway. Sills v. State, 2023 Miss. LEXIS 89 (Apr. 6, … Continue reading

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OH3: Threat to get a SW didn’t coerce consent where there was PC for one

Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he’d get a search warrant if defendant didn’t go through with it. There’s a difference between the officer saying … Continue reading

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CA6: Even if harassment was a basis to exclude a parole search, it wasn’t shown here

The exclusionary rule does not apply in supervised release revocation proceedings. Even if harassment by the officer was a basis to exclude, it wasn’t present here. United States v. Robinson, 2023 U.S. App. LEXIS 6756 (6th Cir. Mar. 21, 2023)* … Continue reading

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CA2: No REP shown in porch shared with neighbor

Defendant shared a porch with his neighbor and made no effort to show a reasonable expectation of privacy in it. United States v. Lewis, 2023 U.S. App. LEXIS 6689 (2d Cir. Mar. 21, 2023).* The exclusionary rule doesn’t apply in … Continue reading

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N.D.Cal.: Key fob on parolee’s person means car under his control even if elsewhere

Defendant parolee was a passenger in a car and he had his car key fob on him. The car, albeit not there, was still “under his control” for a parole search, relying on United States v. Cervantes, 859 F.3d 1175 … Continue reading

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CA: Unreasonable stop and running warrants revealed def was on parole; suspicionless parole search unreasonable

A man on the street was stopped by police for no apparent reason. A records check revealed he was on parole with a warrantless search waiver on file. The warrantless search of his person was unreasonable, and the exclusionary rule … Continue reading

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CO: Probation search condition of all electronic devices was unreasonable

A sex offender’s probation condition that requires unfettered access to defendant’s electronic devices is unreasonable. It has to be tailored to the need. People v. Silvanic, 2023 COA 16, 2023 Colo. App. LEXIS 217 (Feb. 16, 2023). A probation search … Continue reading

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S.D.Ill.: Running away from a stopped car saying it’s not yours is abandonment

Defendant was stopped for overtinted windows and speeding. He got out and refused to get back in. Finally, he ran away saying the car was not his. That’s abandonment. United States v. Wiley, 2023 U.S. Dist. LEXIS 22439 (S.D. Ill. … Continue reading

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KS: Chance of suicide justified public safety stop

Finding a car parked in a place where people notoriously went to commit suicide justified this public safety encounter. The officer smelled marijuana coming from the car and searched it. State v. McDonald, 2023 Kan. App. LEXIS 5 (Feb. 3, … Continue reading

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S.D.N.Y.: Pending recalculation of time on parole didn’t affect legality of parole search

Defendant’s state remaining parole time was subjected to recalculation but it hadn’t happened by the time of the parole search based on a tip he had a firearm. Therefore it was reasonable. Alternatively, it was by consent. United States v. … Continue reading

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E.D.Tex.: Govt failed to prove traffic offenses or any RS for stop

There was no justification for defendant’s traffic stop based on two statutes that weren’t violated. The government’s assertion of reasonable suspicion from an anonymous tip also failed. United States v. Salazar, 2022 U.S. Dist. LEXIS 234747 (E.D. Tex. Dec. 12, … Continue reading

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CA8: PC parolee home is required for a parole search

Probable cause, not reasonable suspicion, is required for belief the parolee is at his residence for a parole search. Surveys conflicting authorities, even from the same district court. United States v. Thabit, 2023 U.S. App. LEXIS 169 (8th Cir. Jan. … Continue reading

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OR: Computer hard drive with contraband could be destroyed with guilty plea

By defendant’s plea to a sex and child porn offense, the state could destroy the computer hard drives where the contraband was found. The seizure was in 2003, and the trial was 2017. State v. Forker, 323 Or. App. 323 … Continue reading

Posted in Exclusionary rule, Issue preclusion, Probable cause, Probation / Parole search, Rule 41(g) / Return of property | Comments Off on OR: Computer hard drive with contraband could be destroyed with guilty plea