Monthly Archives: August 2014

IA: Claim that consent search went beyond purpose of stop wasn’t preserved by scope of consent argument

“In his motion to suppress, Anderson argued ‘1) The consent to search was not knowing or voluntary. 2) If the consent was knowing and voluntary, the search exceeded the scope of the consent.’ Anderson now complains the search was unreasonably … Continue reading

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TX13: Merely showing up at place per anonymous tip isn’t enough

Merely corroborating an anonymous tip that defendant would show up at a particular place isn’t corroboration enough to make the tip reliable. State v. One 2004 Lincoln Navigator, 2014 Tex. App. LEXIS 9557 (Tex. App. – Corpus Christi – Edinburg … Continue reading

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E.D.Cal.: Pre-Riley warrantless search of cell phone in CA saved by Davis GFE

Binding precedent in California at the time of defendant’s cell phone search said that a warrant wasn’t needed, so Riley v. California is mooted here by Davis good faith exception. United States v. Peel, 2014 U.S. Dist. LEXIS 118264 (E.D. … Continue reading

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D.Nev.: Pre-Riley warrantless cell phone search suppressed; no GFE here

A[n apparently] pre-Riley cell phone search in Nevada was governed by Riley. There was no binding Ninth Circuit authority that said search incident was good enough before Riley was decided. Therefore, no good faith exception. United States v. Eisenhour, 2014 … Continue reading

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CA9: Misd possession of firearm on one’s own porch doesn’t justify warrantless entry into the home

There was a fair probability that defendant seen with a handgun on his porch, not a public place under state law, violated state law, but that doesn’t give any justification to surround his house and order him out at gunpoint … Continue reading

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ID: Any objective basis for stop controls despite subjective intent

The objective basis for the stop controls, no matter what the officer’s subjective intent. The state constitutional argument is deemed abandoned for not properly arguing it. State v. Spies, 2014 Ida. App. LEXIS 89 (August 22, 2014):

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Cal: Indicia warrant was proper

The search warrant seeking personal property on the premises that would identify defendant as having control over the property was not overbroad. It was necessary for the prosecution to establish defendant’s connection to the property. People v. Bryant, 2014 Cal. … Continue reading

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Reuters: California Senate approves measure banning warrantless drone surveillance

Reuters: California Senate approves measure banning warrantless drone surveillance: The California State Senate passed legislation on Tuesday imposing strict regulations on how law enforcement and other government agencies can use drones, a move supporters said will protect privacy and prevent … Continue reading

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NYTimes: How the Supreme Court Protects Bad Cops

NYTimes: How the Supreme Court Protects Bad Cops by Erwin Chemerinsky:

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CA9: “brutal and physically invasive” warrantless rectal search in jail should have been suppressed

In a “brutal and physically invasive” warrantless rectal search in jail, the motion to suppress should have been granted. He was handcuffed, Tased, and surrounded by five officers, and exigent circumstances were lacking. United States v. Fowlkes, 770 F.3d 748 … Continue reading

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S.D.Fla.: Where subject of SW is cash, it was reasonable here to conclude it was in defendant’s home

In a white collar case involving receipts of large sums of cash, it was reasonable for the USMJ to conclude on the totality that evidence, like cash, would be found in defendant’s home. United States v. Martinez, 2014 U.S. Dist. … Continue reading

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D.D.C. USDJ reverses USMJ on refusal to grant particular email warrant

The government successfully appeals one of USMJ Facciola’s orders denying an email search warrant. In the Matter of the Search of Information Associated with [Redacted]@mac.com That Is Stored at Premises Controlled by Apple, Inc., 2014 U.S. Dist. LEXIS 117040 (D. … Continue reading

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TX14: Frisk doesn’t have to stop just because knife was found; officer can keep looking

The officer had reasonable suspicion defendant was involved in an assault and was armed. In the frisk a knife was found. The officer was not obligated to stop with that, and he could continue the frisk. Pills were found, but … Continue reading

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OH6: Reaching only for glove compartment not a “furtive gesture”

Only reaching toward the glove compartment is not a “furtive gesture.” The police secured defendant in the back of a police car and later searched the glove compartment, and it was not a lawful protective frisk of the car under … Continue reading

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IL: Going to back door for knock and talk violated curtilage

The ability to conduct a knock and talk does not sanction police officers to go to all doors of the house to wait and see what happens. Here, officers going to the back door violated the curtilage. The alleged plain … Continue reading

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AZ: Visitor’s purse can be searched under SW for premises

“[A] warrant authorizing the search of a home also authorizes police to search a purse found there but belonging to a person not named in the warrant.” State v. Gilstrap, 2014 Ariz. LEXIS 142 (August 20, 2014):

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FL2: Holding on to DL usually turns consensual stop into a nonconsensual

During a voluntary stop, holding onto a person’s DL can make it nonconsensual. Here, the officer was holding defendant’s DL when he asked for consent. Under Horne v. State, 113 So. 3d 158 (Fla. 2d DCA 2013) and other authorities, … Continue reading

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Baltimore Sun: More police departments considering the use of drones

Baltimore Sun: More police departments considering the use of drones by Jessica Anderson: Uncertainty about regulations and privacy concerns keep many from adopting technology.

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MN: No inventory permitted when defendant not being physically arrested

Because defendant was not being arrested for a minor drug offense, it wasn’t proper then to impound her car for an inventory. State v. Rohde, 2014 Minn. LEXIS 406 (August 20, 2014). The 52 page affidavit for the search warrant … Continue reading

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CA3: No time requirement of when a bag seized from a vehicle under the automobile exception may be searched

There is no temporal requirement of when a bag seized from a vehicle under the automobile exception may be searched. Here, the government waived the argument that a fugitive for FTA in federal court after conviction never has standing while … Continue reading

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