Daily Archives: August 31, 2016

CA3: Pretrial restrictions and order to appear are a seizure, adopting Justice Ginsburg’s Albright concurrence

A person under pretrial restrictions and ordered to appear (not merely summoned) is “seized” under the Fourth Amendment. The court adopts Justice Ginsberg’s Albright concurrence. Black v. Montgomery County, 2016 U.S. App. LEXIS 15997 (3d Cir. Aug. 30, 2016):

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D.Minn.: IP address used in P2P internet CP downloads linked to def’s one-family address was PC for SW for the computers in that house

IP address used in P2P internet child pornography downloads linked to defendant’s one-family address was probable cause for a search warrant for the computers in that house. United States v. Wylie, 2016 U.S. Dist. LEXIS 113669 (D.Minn. July 18, 2016), … Continue reading

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S.D.Ala.: That Alabama ABC officers didn’t state authority to make a traffic stop isn’t a 4A issue

Defendant was pulled over by state ABC officers. His claim that they lacked authority to do so under Alabama law doesn’t apply in federal court. That’s his only ground, so motion to suppress denied. United States v. Henry, 2016 U.S. … Continue reading

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W.D.Pa.: Standards for credibility determinations

How the court makes credibility determinations, and these officers are credible. United States v. Brounson, 2016 U.S. Dist. LEXIS 112352 (N.D. Ga. May 23, 2016), adopted 2016 U.S. Dist. LEXIS 112278 (N.D. Ga. Aug. 23, 2016):

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