Daily Archives: May 20, 2016

CA6: Where def refused to provide combination to his safe during execution of a SW, it was reasonable to pry it open

Defendant showed the police that he had marijuana inside his home and the police obtained a warrant to search his home. Thus, suppression was not warranted because there was an outright certainty, not just a “fair probability,” that the house … Continue reading

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E.D.Va.: The gov’t had individualized suspicion for a forensic border search of def’s cell phone

The post-arrest, off-site forensic search of defendant’s phone was instead a border search, which did not require a warrant supported by probable cause. The first search of defendant’s phone conducted at the airport was a routine border search that did … Continue reading

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MN: Police had exigency to seize cell phone during murder investigation

Police were interviewing defendant in a murder case. Once her story started making no sense anymore, an officer seized her phone and then applied for a warrant to search it. The officer had exigent circumstances to seize the phone to … Continue reading

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NC: Lack of findings on justification for stop required; remanded

The basis of the stop was no valid tags, but that was wrong. Yet the trial court found the stop “justified.” “This conclusion consists of a statement of law, followed by the conclusion that Detective O’Hal was ‘justified’ in initiating … Continue reading

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RI: Description of CP sufficient for PC; magistrate doesn’t have to view it

An issuing magistrate doesn’t have to see the child pornography to find probable cause it was on the subject computer; a description will do. IP information tied to the child pornography was probable cause for the residence and computers in … Continue reading

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WI: Def’s “custody” during raid was limited to getting DNA sample

Defendant’s house was raided with him in it, but he was not arrested and his “custody” status was limited to getting a buccal swab under the warrant. He was not in custody, albeit Summers permitting it, when he was talking. … Continue reading

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W.D.N.Y.: No point in reopening suppression hearing for new evidence that won’t change the outcome

Defendant sought to reopen the suppression hearing, and it’s denied because the new evidence wouldn’t alter the outcome at all on the question of apparent consent. United States v. Archambault, 2016 U.S. Dist. LEXIS 61783 (W.D.N.Y. May 9, 2016). “The … Continue reading

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