Daily Archives: February 6, 2017

NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act

NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act

Posted in E-mail | Comments Off

CA1: No curtilage in def’s apt building yard

Defendant’s curtilage to an apartment building wasn’t violated by police entry through an unlocked back gate to get to the front door. (That apparently was a common way in.) Defendant came to the door and let them in, and then … Continue reading

Posted in Curtilage, Qualified immunity | Comments Off

CA7: Def had no standing in a car shipped by car hauler being delivered to him that he’d never seen

Defendant had no standing in a car being shipped by a car hauler across the country when it was searched in transit. He was named neither the sender nor the recipient, and he had never been in or seen the … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

WY also sees the Columbo-gambit: “you’re free to go but can I ask another question”

The state trooper here returned defendant’s paperwork to him and said to “have a nice day” and started back to the patrol car. But, he came back and asked if he could ask more questions. Even though the overhead lights … Continue reading

Posted in Consent | Comments Off

Miami Herald: Ex-cop convicted of stealing from drivers during traffic stops

Miami Herald: Ex-cop convicted of stealing from drivers during traffic stop by David J. Neal:

Posted in Police misconduct | Comments Off

LA2: Arrest of def away from the premises where SW being served unreasonable under Bailey

Defendant was seen leaving the premises when police showed up with a search warrant. Then they went after him and stopped him a distance a way to return him to the scene of the search. The stop lacked reasonable suspicion … Continue reading

Posted in Private search, Reasonable suspicion | Comments Off

NY4: State didn’t prove stop justified for consent given in an interview room 4½ hrs later

At the suppression hearing from this 2001 stop, defendant consented in an interview room 4½ hrs after the stop to an officer who had nothing to do with the stop. The state didn’t prove the consent by failing to call … Continue reading

Posted in Consent, Informant hearsay | Comments Off