Daily Archives: February 28, 2015

C.D.Cal.: CSLI doesn’t yet require a SW; if it now did, Davis GFE would apply

Obtaining Cell site location information doesn’t yet require a search warrant on probable cause under ECPA or the Fourth Amendment in the Ninth Circuit or in any district court in the circuit. Even if all those courts are wrong, the … Continue reading

Posted in Cell phones, ECPA | Comments Off on C.D.Cal.: CSLI doesn’t yet require a SW; if it now did, Davis GFE would apply

D.Utah: Owner of the truck doesn’t always have standing in the trailer being pulled

Defendant had no standing in a stolen trailer even though he owned the truck pulling it. Similar is United States v. Abreu, 935 F.2d 1130, 1132 (10th Cir. 1991). United States v. Hayes, 2015 U.S. Dist. LEXIS 22860 (D.Utah February … Continue reading

Posted in Franks doctrine, Standing | Comments Off on D.Utah: Owner of the truck doesn’t always have standing in the trailer being pulled

Ever overlooked a case or statute just because there’s too many?

United States v. Secy., Fla. Dept. of Corr., 14-10086 (11th Cir. February 27, 2015): There is a vast amount of federal law. So much that no one can hope to keep it all in mind, much less master the mass … Continue reading

Posted in Uncategorized | Comments Off on Ever overlooked a case or statute just because there’s too many?

CA11: State court DNA consent finding was reasonable under AEDPA

The 2254 CoA was granted as to a DNA consent after invocation of the right to remain silent in a death case. “As to the DNA consent, Everett has not demonstrated that the Florida Supreme Court’s decision—that the request for … Continue reading

Posted in Consent, DNA | Comments Off on CA11: State court DNA consent finding was reasonable under AEDPA

D.V.I.: No reasonable expectation of privacy in a cell phone in a jail cell

A person in jail has no reasonable expectation of privacy in a cell phone found hidden in the cell, prison contraband, and a warrantless search of the cell phone is proper. United States v. Boyce, 2015 U.S. Dist. LEXIS 23129 … Continue reading

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CO: Juvie probation wouldn’t be deterred by suppressing DNA taken in violation of statute

Taking a DNA swab from a juvenile on probation violated the state statute on juvenile probation, but the court declines to suppress the evidence because probation officers cannot be deterred from committing such statutory violations. “Juvenile probation officers performing a … Continue reading

Posted in Exclusionary rule, Probation / Parole search | Comments Off on CO: Juvie probation wouldn’t be deterred by suppressing DNA taken in violation of statute

IN: CI was uncorroborated and his information old; no PC or GFE

The CI’s statement here was uncorroborated and 3-4 months old. Thus, the search warrant lacked probable cause and it was so lacking in probable cause, that the good faith exception cannot apply. Cartwright v. State, 2015 Ind. App. LEXIS 107 … Continue reading

Posted in Good faith exception, Informant hearsay, Staleness | Comments Off on IN: CI was uncorroborated and his information old; no PC or GFE