Daily Archives: July 18, 2016

DE: Subpoena for blood test results from hospital records reasonable

Defendant was involved in an auto accident and treated at a hospital where his blood was drawn. The state’s attorney sought the test results by subpoena not search warrant, and the court finds this reasonable. This is not a case … Continue reading

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ME: CSLI info properly seized by warrant on PC, rest of cell information suppressed because warrant was severable

The state obtained a search warrant for defendant’s CSLI and practically everything else it could get from the cell provider in an effort to link him and another to a structure arson. The trial court suppressed it all. On appeal, … Continue reading

Posted in Emergency / exigency, Overbreadth | Comments Off on ME: CSLI info properly seized by warrant on PC, rest of cell information suppressed because warrant was severable

NH: Officers who parked in def’s driveway could lawfully smell marijuana coming from his garage

Officers got out of their cars in defendant’s driveway and could smell marijuana coming from defendant’s garage. They didn’t unreasonably invade the curtilage. State v. Socci, 2015 N.H. LEXIS 259 (Dec. 4, 2015),* prior appeal State v. Socci, 166 N.H. … Continue reading

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OH8: No citation after stop on RS isn’t fatal to state’s case

The officers had reasonable suspicion to stop defendant on a bicycle for no reflectors and riding on the sideway. The fact they didn’t issue a citation isn’t fatal to the state’s case. In re D.E., 2016-Ohio-4959, 2016 Ohio App. LEXIS … Continue reading

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