Daily Archives: August 7, 2014

FL3: SI of defendant’s cell phone in 2011 already violated established law in Florida

The search incident of defendant’s cell phone was in violation of settled law in Florida at the time it happened in 2011, and the search is suppressed. Saint-Hilaire v. State, 2014 Fla. App. LEXIS 12039 (Fla. 3d DCA August 6, … Continue reading

Posted in Abandonment, Cell phones, Reasonable suspicion | Comments Off on FL3: SI of defendant’s cell phone in 2011 already violated established law in Florida

WA: Defendant was separated from his backpack, so it couldn’t be searched incident to arrest

During a Terry stop, the officer separated defendant from his backpack, and the backpack was searched about 10 minutes later when defendant was placed under arrest. The backpack was thus not on defendant’s person nor within his area of control … Continue reading

Posted in Franks doctrine, Informant hearsay, Search incident | Comments Off on WA: Defendant was separated from his backpack, so it couldn’t be searched incident to arrest

N.D.Cal.: Police observation of a controlled buy is justification for a traffic stop

Police observation of a controlled buy is justification for a traffic stop. United States v. Cooper, 2014 U.S. Dist. LEXIS 105617 (N.D. Cal. July 31, 2014).* D.C. helped set up defendant’s computer system, and defendant was downloading child pornography. The … Continue reading

Posted in Ineffective assistance, Reasonable suspicion, Standing | Comments Off on N.D.Cal.: Police observation of a controlled buy is justification for a traffic stop