Daily Archives: February 22, 2017

Cal.App.–Santa Clara: Even with implied consent, statute requires state carry burden of proof and they failed here

“After a thorough review of the record, which consists of undisputed facts pertaining to the motion, we hold that notwithstanding California’s implied consent law, which we recognize is a factor to be considered in the totality of the circumstances, the … Continue reading

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M.D.Fla.: Anonymous tip of man with gun alone wasn’t RS, but his flight on seeing police then was

The anonymous tip involving a man matching defendant’s description having a gun alone was not enough to make reasonable suspicion. Defendant’s flight on seeing the police, however, was. United States v. Acosta, 2017 U.S. Dist. LEXIS 21657 (M.D.Fla. Feb. 16, … Continue reading

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D.S.C.: No REP in a rental rented by another and loaned to def where he wasn’t on the rental contract

Defendant had no reasonable expectation of privacy in a rental car rented by another and loaned to him when the rental company didn’t authorize him as a driver. United States v. Dorsey, 2017 U.S. Dist. LEXIS 21112 (D.S.C. Feb. 15, … Continue reading

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C.D.Cal.: The second hand borrower of a car without knowledge of owner has no standing in it

The car defendant was in was owned by a G.B. who lent it to a Tanisha because she needed a car. Unbeknownst to G.B., Tanisha loaned it to the defendant, and G.B. had no knowledge of him. Defendant attempted to … Continue reading

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N.D.Ill.: SW for fingerprints if iPhone is found is rejected as to fingerprints; Riley also informs and narrows the 5A concerns

The government’s search warrant application also seeks fingerprints from any persons found there on execution if any iPhones are found. That part of the warrant application is denied. The cases permitting fingerprint production predated Riley and the issues it presents. … Continue reading

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