Daily Archives: June 12, 2016

D.Guam: Def’s detention at Customs for 13 hours for SW for rectum was based on RS

Defendant’s 13 hour detention at airport customs was reasonable where it was based on a report from a CI that defendant would arrive from Manila with drugs hidden in his rectum. A dog also alerted on him in the luggage … Continue reading

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N.D.Cal.: Decision of a USMJ to issue a search warrant is reviewed by the District Court for “clear error”

The decision of a USMJ to issue a search warrant is reviewed by the District Court for “clear error” in the Ninth Circuit. United States v. Alvarez, 2016 U.S. Dist. LEXIS 75970 (N.D.Cal. June 10, 2016):

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E.D.Wis.: Fact no ticket was issued for cause for stop doesn’t make stop unconstitutional

The stop was justified, and the fact the officers had a subjective motive to conduct a drug investigation and never issued a traffic ticket doesn’t make the stop and search unconstitutional. The search warrant for defendant’s home was based on … Continue reading

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S.D.Cal.: Riley does not apply to a search of a cell phone at the border

Riley does not apply to a search of a cell phone at the border. Calling it “investigatory” doesn’t add anything to the argument. “[A]n entire body of jurisprudence has been built around border searches, and the specific lexicon used by … Continue reading

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D.Mass.: PC shown for white collar email search by declaration of investigator that email is commonly used

A federal search warrant issued by a USMJ in the District if Massachusetts could be served on an email provider in Florida under § 2703(b)(1)(A). The affiant’s statement that white collar defendants frequently use email to communicate was sufficient to … Continue reading

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