Category Archives: Scope of search

IA: PC for car search includes purse found in it

Probable cause for search of a car includes a woman’s purse found in the car. State v. Swenson, 2019 Iowa App. LEXIS 36 (Jan. 9, 2019). A dog sniff of a car doesn’t require reasonable suspicion or probable cause something … Continue reading

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IL: Housesitter has no standing

House sitter and dog watcher had no reasonable expectation of privacy in the house he was watching. Officers at the door could also see drugs on the table from the door. He had no standing: “In sum, it is not … Continue reading

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N.D.Ga.: SW for CP permitted search of entire dwelling; it wasn’t apparent to officers def had a roommate

Defendant’s email and IP address connected him to receipt of child pornography. The search warrant for his entire home for child pornography was valid even though defendant had a roommate. There’s no constitutional requirement for police to go to great … Continue reading

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TX4: Visitor’s property searched during SW for premises is governed by possession test: was the person in actual possession at the time?

Texas follows the possession test for searches of personal belongings of visitors found during a search of premises. Thus, defendant’s purse was not in her actual personal possession at the time of the entry and searches, so it was not … Continue reading

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M.D.Pa.: Consent to “look around the home” is broad consent

Consent to “look around the home” is broad consent. “Here, Special Agent Kovach asked Defendant if he minded if the ATF agents looked around the Home, to which Defendant replied, ‘No.’ … Special Agent Kovach’s search request was broad, and … Continue reading

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MD: Phone call recorded on cell phone that was searched not protected by state wiretap act

Defendant recorded a drug transaction on his cell phone. When his phone was seized and then searched during his arrest, the recording was found. It was legitimately seized, and the defendant can’t claim the state wiretap act protected him as … Continue reading

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N.D.Ohio: There was a reasonable inference def’s house had his cell phones

The search warrant for cell phones was based on a reasonable inference that they’d be found in defendant’s house, and the search of his house and person were justified. “Herein, it was reasonable for the magistrate to infer that the … Continue reading

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NJ: SW for financial crimes on a computer didn’t authorize opening .jpegs

A search warrant for financial crimes on a computer didn’t authorize opening picture files. Child pornography was found. The lack of sophistication of the searching officer is no excuse. State v. Harris, 2018 N.J. Super. LEXIS 160 (Nov. 15, 2018). … Continue reading

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FL2: State failed to show search of house was within limited scope of def’s consent

Police received a shots fired call involving a duplex. When defendant opened his door, they could see a shell casing and smelled gunpowder from a fired gun. A protective sweep occurred finding nothing. The exigency was over. Defendant gave a … Continue reading

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OH11: No RS that a cigarette case contained a weapon to justify opening it

Opening a small metal box that was apparently a cigarette case was unreasonable because there was no reasonable suspicion that it contained a weapon. State v. Luther, 2018-Ohio-4568, 2018 Ohio App. LEXIS 4887 (11th Dist. Nov. 13, 2018). Defendant’s guilty … Continue reading

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NY3: Def’s admission he had MJ justified search of car; when it turned up empty, then a search of his person

Defendant admitted possession of marijuana during a traffic stop. After the car turned up empty, there was then probable cause for a search of his person. People v. Roulhac, 2018 NY Slip Op 07367, 2018 N.Y. App. Div. LEXIS 7357 … Continue reading

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PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff

Defendant’s consent to two officers to conduct a search of his car didn’t extend to a dog sniff, too, because there wasn’t a dog there at the time, and that would be the common understanding. Commonwealth v. Valdivia, 2018 Pa. … Continue reading

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