Daily Archives: February 21, 2017

ID: Def consented to search of person and lifted shirt revealing baggie of MJ

Defendant consented to a search for weapons, and lifted his shirt, and the officer saw a baggie of marijuana sticking out of his pants. The view was valid, and the seizure did not exceed the scope of consent. State v. … Continue reading

Posted in Burden of proof, Consent | Comments Off

S.D.N.Y.: One officer nearly immediately running dog around car while second dealt with stop was reasonable

One officer running a dog around a car while the license was being checked was reasonable. The dog, of course, alerted. United States v. Dominguez-Villa, 2017 U.S. Dist. LEXIS 20949 (S.D. N.Y. Feb. 14, 2017). “Between the female passenger’s attempt … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

D.S.D.: Def retained REP in his phone from a second search by the feds after a state search without a SW; plain view doesn’t apply to digital searches

Defendant retained a reasonable expectation of privacy in his cell phone after a state search when the phone data was turned over to the ATF, and they, too, should have obtained a search warrant. The court discusses United States v. … Continue reading

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IN: Stop without RS reverses def’s conviction for threatening officer after illegal stop

Police received a report of a person “acting suspicious” but did not receive any information at to what that was. When defendant was encountered his conduct did not admit of any criminal activity being “afoot.” The officer told defendant to … Continue reading

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ND: Exclusionary rule does not apply to civil administrative drivers license suspensions

The exclusionary rule does not apply to civil administrative drivers license suspensions. Beylund v. Levi, 2017 ND 30, 2017 N.D. LEXIS 30 (Feb. 16, 2017):

Posted in Exclusionary rule | Comments Off