Category Archives: Scope of search

NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end

Defendant’s stop was for over-tinted windows. The officer could smell burnt marijuana, and he searched finding some in the console. Finding that, he was not obligated to stop searching. State v. Valentine, 27 Neb. App. 332, 2019 Neb. App. LEXIS … Continue reading

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N.D.Ill.: Franks challenge requires there was a SW

Defense counsel wasn’t ineffective for not seeking a Franks hearing where there was no search warrant in the first place. Freeman v. United States, 2019 U.S. Dist. LEXIS 187171 (N.D. Ill. Oct. 29, 2019). Defendant’s general consent to search a … Continue reading

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MN: A white cloth sought in a SW for evidence of sexual assault permitted seizure of a blue and white one

Defendant was accused of sexual assault, and a “white dish towel-like cloth” was likely a source of DNA evidence. A search warrant was obtained. Executing the warrant, officers saw a blue and white dish-towel-like cloth. The trial court suppressed it. … Continue reading

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DE: SW for drugs allows search anywhere drugs may be hidden

A search warrant for drugs authorizes a search any place where drugs may be hidden. The fact other things are found that are evidence allows their seizure, too. Jackson v. State, 2019 Del. LEXIS 456 (Oct. 8, 2019). U.S. Probation … Continue reading

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PA: SW for entire house for activities of one living there included roommate’s separate room

“We granted discretionary review to determine whether a search warrant for an entire multi-bedroom residence shared by appellant, Dylan Scott Turpin, and his roommate, Benjamin Kato Irvin, was constitutionally permissible under the Fourth Amendment to the United States Constitution and … Continue reading

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WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases

WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases by Nick Miroff:

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D.Mass.: GFE applies to scope of search under SW where place to be searched was two floors, not one

The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn’t obvious from the outside. “The Court need not resolve this complex … Continue reading

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CA11: Ptf’s excessive force claim overcomes QI; his facts show clearly established law violated

Defendants were properly denied qualified immunity in using excessive force to arrest plaintiff. Plaintiff’s version of the facts showed clearly established rights were violated. Heck v. Humphrey didn’t apply because plaintiff wasn’t seeking to attack his conviction. Cendan v. Trujillo, … Continue reading

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D.Kan. Throwing a pouch onto a roof when climbing a fence in flight from the police is abandonment

Throwing a black pouch onto the roof of a building in flight from the police as he climbed over a fence was abandonment. United States v. Gaines, 2019 U.S. Dist. LEXIS 134303 (D. Kan. Aug. 9, 2019).* The search warrant … Continue reading

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CA8: Camper next to house was covered by SW for house

Defendant’s camper was on the curtilage right next to the house and connected by “living debris” [junk?], and “not noticeably separate from the garage, it was covered by the search warrant, whether or not it was a vehicle for Fourth … Continue reading

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E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE

The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to … Continue reading

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N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed

For the government to rely on the good faith exception by claiming the attachment limiting the warrant was attached to the search warrant, it bears the burden of showing that, and it didn’t. United States v. Chang, 2019 U.S. Dist. … Continue reading

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