Daily Archives: July 20, 2014

S.D.N.Y.: SW for email account can be for all emails, disagreeing with D.D.C.

Disagreeing with a USMJ for the District Court for District of Columbia, a USMJ in the Southern District of New York held that an entire email account can be the subject of a search warrant, not just itemized files. The … Continue reading

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IA rejects SCOTUS probation and parole search exception on state constitution

On state constitutional grounds, Iowa refuses to follow SCOTUS on probation and parole searches. A search warrant is required without consent. “For the above reasons, we think Cullison remains good law. We decline to overrule it. The United States Supreme … Continue reading

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AZ: Open door in area known for string of burglaries justified entry

Officers came to defendant’s house looking for somebody else as a suspect because of a significant number of home burglaries in the area. They found a gate, a 120′ driveway, and opened the gate. About 15′ in they noticed that … Continue reading

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N.D.Ga.: Not briefing an argument in a motion to suppress is waiver

There was a hearing on defendant’s motion to suppress. He raised multiple issues. That which were not briefed in the post-hearing brief are deemed abandoned. “Defendant has failed to perfect, delineate the arguments for, or otherwise expound upon the basis … Continue reading

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N.D.Ga.: Buie in the real world; it’s not always clear

The protective sweep in defendant’s small home was not justified by the circumstances, but it did not taint the subsequent consent. United States v. Smallwood, 2014 U.S. Dist. LEXIS 96248 (N.D. Ga. June 27, 2014). Interesting discussion of Buie before … Continue reading

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CA11: Defendant lacked standing on the curtilage of a house he was often a guest in when he was fleeing police and stopped in front yard

Defendant was riding a bicycle on the wrong side of the street, and the police recognized him from prior investigations, so they followed and attempted to stop him. He pedelled faster and went to house and entered a gate to … Continue reading

Posted in Curtilage, Ineffective assistance, Probable cause, Standing | Comments Off on CA11: Defendant lacked standing on the curtilage of a house he was often a guest in when he was fleeing police and stopped in front yard

Two large records searches, not overbroad when read with the attachments

Defendant was lawyer involved in a fraud, and the court of appeals finds that his office was “permeated with fraud” such that a broad records search was permitted. Attachment A to the warrant limited discretion, and he contended it was … Continue reading

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