Daily Archives: March 22, 2017

W.D.Okla: Def bears burden of proving “private search” was by government actor and did; suppressed

Defendant has sufficient interest in the business from which a thumb drive with data was taken and turned over to ICE officers at the U.S. Embassy in Panama. (The court acknowledges that it’s not “standing,” per se, but it continues … Continue reading

Posted in Burden of proof, Private search | Comments Off

WaPo: Who’s logging your face?

WaPo: Who’s logging your face? by Alvaro Bedoya: You probably remember the day you got your driver’s license. You went to the department of motor vehicles, took a driving test, stood for a photograph and then got your license. What … Continue reading

Posted in Surveillance technology | Comments Off

E.D.Tenn.: Defense counsel’s choice of questions during suppression hearing was a strategy choice

Defense counsel’s handling of the suppression hearing and the questions asked was within the strategy choices of counsel. And, even if defendant had a real point here, he can’t show he was prejudiced by anything that wasn’t put into evidence. … Continue reading

Posted in Ineffective assistance | Comments Off

E.D.N.Y.: Def objection to new saliva sample by SW denied

Defendant pro se opposed the taking of a new saliva sample. For some reason, the government applied for and obtained a new warrant for saliva having determined that the prior sample was too old or insufficient. The taking of the … Continue reading

Posted in DNA, Informant hearsay | Comments Off

OH11: Knocking on door jamb and pushing open partly open door was reasonable and with exigent circumstances

Defendant’s motel room door was partly open, and the officer knocked on the door jamb and then pushed the door open. This was reasonable because there was both probable cause and exigent circumstances for opening the door. State v. Fletcher, … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off

E.D.Mich.: “electronic devices, narcotics and related paraphernalia, and biological evidence” was sufficiently particular

“Here, the warrants authorized officers to seize three categories of items: electronic devices, narcotics and related paraphernalia, and biological evidence. The affidavits established probable cause that Jackson’s electronic devices could contain evidence of sex trafficking—including photographs, documentary evidence, and advertisements—based … Continue reading

Posted in Particularity, Reasonable suspicion | Comments Off

A.F.Ct.Crim.App.: There’s little REP in a shared desk, and search of desk didn’t make it into SW affidavit

Appellant was an Air Force OSI investigator investigated for fraud against the government for false travel vouchers. A search of a shared desk by a coworker produced some documentation, but the government was already on to him, and a civilian … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off