Daily Archives: February 25, 2017

CA10: GFE saves general warrant where affidavit specific and affiant served the warrant

Where officers obtained a warrant and searched two cell phones seized at the time of defendant’s arrest, the search warrant was invalid because it did not satisfy the particularity requirement since it did not identify either of the phones that … Continue reading

Posted in Cell phones, Good faith exception, Warrant execution | Comments Off

CA8: Def had no standing in sex trafficking victim’s cell phone

Defendant sought to challenge his previously waived search issue by seeking to withdraw his guilty plea. The phone belonged to his sex trafficking victim, so he apparently doesn’t have standing. United States v. McHenry, 2017 U.S. App. LEXIS 3358 (8th … Continue reading

Posted in Cell phones, Standing | Comments Off

CA6: Hodari D. doesn’t distinguish between accidentally or intentionally dropping contraband; it’s still abandonment

Officers pulled up to stop defendant on the street seeing a gun in his pocket, and he fled, dropping the gun. “Defendant also argues that Hodari D. is inapplicable because he inadvertently dropped his weapon, as opposed to ‘intentionally abandoning’ … Continue reading

Posted in Abandonment | Comments Off

OH10: Bare bones findings didn’t support finding search was valid; remanded

The trial court’s bare bones findings were insufficient to support the conclusion that the search was valid. Remanded. State v. Edwards, 2016-Ohio-4771, 2016 Ohio App. LEXIS 5413 (10th Dist. June 30, 2016). Not challenging the Playpen warrant in this case … Continue reading

Posted in Standards of review | Comments Off

DC: Def was stopped, name run, then his cigarette pack requested; not consensual

Officer’s stop of defendant, running his name for warrants, and then requesting his cigarette box was coercive and not consensual. Jones v. United States, 2017 D.C. App. LEXIS 17 (Feb. 23, 2017)*:

Posted in Consent | Comments Off

S.D.Tex.: Dashcam video doesn’t support the conclusory basis for stop; suppressed

“The dash-cam video shows that Bourn was travelling at highway speed and there was moderate traffic on the highway. There is no evidence regarding the speed of the truck or other vehicles or the distance between Bourn’s vehicle and the … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Alaska: Handcuffing def to take to FBI office for interview an arrest, no matter what the policy says

Handcuffing the defendant and transporting him to the FBI office was an arrest under Kaupp v. Texas. The fact that’s policy is irrelevant. “The fact that it is FBI policy to handcuff defendants being transported in FBI vehicles is irrelevant. … Continue reading

Posted in Uncategorized | Comments Off

New Law Review Article: A Modern Major Statute: Illinois Raises the Bar in Protecting Citizen Privacy from Cell Site Simulators

New Law Review Article: Jeremy Greenberg, A Modern Major Statute: Illinois Raises the Bar in Protecting Citizen Privacy from Cell Site Simulators, 1 Geo. L. Tech. Rev. 147 (2016)

Posted in Stingray / Hailstorm | Comments Off

IN: Inventory not sufficiently regulated to be valid; also, officer’s deviation from inventory showed pretext

The search of defendant’s truck was not sufficiently regulated by standardized police procedures and therefore was pretextual, as the vague, conflicting inventory regime of the police department was not capable of sufficiently regulating the search. Even if it was, the … Continue reading

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