Daily Archives: March 8, 2017

techdirt: Court Tells Cops They Can’t Use GPS Data Gathered After Suspect They Were Tracking Sold The Vehicle

techdirt: Court Tells Cops They Can’t Use GPS Data Gathered After Suspect They Were Tracking Sold The Vehicle by Tim Cushing:

Posted in GPS / Tracking Data, Warrant execution | Comments Off

S.D.Fla.: No Franks hearing: The omitted would only have added to PC

Defendant isn’t entitled to a Franks hearing: “The addition of the omitted information to the search warrant application would not have detracted from the probable cause and may very well have strengthened the probable cause stated in the affidavit.” United … Continue reading

Posted in § 1983 / Bivens, Franks doctrine | Comments Off

AZ: No REP in conversations about def’s driving under influence when officer was there to hear it

Defendant was in a hospital room and had no reasonable expectation of privacy in his conversations on his cell phone or with medical personal admitting driving under the influence when he knew that the officer was near and could overhear … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

D.S.D.: Court credits that officer could smell burnt marijuana coming from def’s car while driving

The court credits the officer that while driving behind defendant’s vehicle, the officer could smell burnt marijuana coming from it, and that was at least reasonable suspicion. United States v. Theus, 2017 U.S. Dist. LEXIS 26719 (D. S.D. Feb. 27, … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

S.D.Tex.: RS developed during immigration checkpoint stop of U.S. citizens

Defendants were U.S. citizens and had already crossed the border. The car had Louisiana plates. They were stopped at the Falfurrias Border Patrol checkpoint and citizenship was quickly resolved, but reasonable suspicion developed for the car to be referred to … Continue reading

Posted in Immigration checkpoints, Reasonable suspicion | Comments Off