Daily Archives: February 23, 2017

D.Ore.: Def stopped at roadblock from Malheur National Wildlife Refuge could be searched again after he went back to talk others into leaving

Defendant arrived at the Malheur National Wildlife Refuge in January 2016. After arrests and the killing of one, he decided to leave and encountered a roadblock where he was briefly searched. Officers asked if he would go back to the … Continue reading

Posted in Emergency / exigency, Protective sweep, Roadblocks | Comments Off

D.Conn.: Shots fired call is not per se exigency; totality standard must apply

A shots fired call is not carte blanche exigency–the totality of circumstances must still be examined. Here, the court finds no exigency for the warrantless entry or protective sweep and that the exclusionary rule should be applied. The costs aren’t … Continue reading

Posted in Emergency / exigency, Exclusionary rule, Protective sweep | Comments Off

S.D.Tex.: Def persuades court his prior arrests led him to believe objecting to consent was futile; suppressed

Defendant successfully argues his prior experience with the criminal justice system led him to believe that objecting to consent was futile, and suppression is granted. United States v. Sanchez, 2017 U.S. Dist. LEXIS 22807 (S.D. Tex. Feb. 17, 2017):

Posted in Consent | Comments Off

AP (via Ark. Democrat-Gazette): Amazon resists yielding data in slaying inquiry

AP (via Ark. Democrat-Gazette): Amazon resists yielding data in slaying inquiry: Amazon is resisting an effort by Arkansas prosecutors to obtain possible recordings from a slaying suspect’s Amazon Echo device, saying authorities haven’t established that their investigation is more important … Continue reading

Posted in Surveillance technology | Comments Off

D.Ore.: Def leaving his duffle bag on a public street and walking away from it was abandonment

“Examining defendant’s conduct objectively I find that he abandoned the duffel bag containing the heroin before the warrantless search he challenges. He left the bag unattended in plain view without an identification tag to show an ownership interest, He deliberately … Continue reading

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