Daily Archives: June 19, 2016

KY: Consent to look at a cell phone for a number wasn’t limited to the contacts folder; texts and calls could be examined, too

Consent to look at a cell phone for a number did not limit the search to the contacts folder; it was reasonable to look at calls and texts from that number, too. The officer also clicked on a photo marked … Continue reading

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AZ: Serial SWs were justified by further developments in a serial murder investigation

Defendant was ultimately charged with 74 felonies, including nine murders. His house was subjected to three different search warrants, each specific to one or two crimes. It was reasonable for the police to get another warrant to go back after … Continue reading

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CA8: Fleeing from a car during a traffic stop and leaving a backpack behind is objectively an abandonment

Fleeing from a car during a traffic stop and leaving a backpack behind is objectively an abandonment. The fact it’s a semi-private place isn’t determinative here. United States v. Nowak, 2016 U.S. App. LEXIS 10956 (8th Cir. June 17, 2016):

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CA1: Seizure of a cell phone to get a SW was proper; frisk of jacket for weapon was, too

Officers suspected defendant of sex trafficking, and Detroit PD called the Portland ME PD to report he was there, likely with a young girl. He was known to them as a prior sex trafficker. They found him at a hotel … Continue reading

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W.D.N.Y.: When def saw police at door, he stepped back, and that justified their coming in to arrest him on a warrant

Defendant’s arrest with a warrant inside his apartment was valid, and the constitution didn’t required he be pulled outside to arrest. He stepped back when he saw the officers and they came in and arrested him. A limited protective sweep … Continue reading

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WA: FST is a seizure, but it is not a search under Fourth Amendment

Field sobriety test is a seizure, but it is not a search under Fourth Amendment or the more inclusive state constitution. State v. Mecham, 2016 Wash. LEXIS 695 (June 16, 2016):

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