Daily Archives: April 5, 2017

D.Kan.: Officers on consent search saw cell phone in plain view and they knew it would have evidence on it; seizure proper

The court assumes without deciding that defendant had standing to challenge the search of his sister’s house because, although he was kicked out because of an arrest warrant for him, she let him back in to take a shower, charge … Continue reading

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

N.D.W.Va.: Fact a cell phone is searched in a county other than where the SW issued isn’t a 4A issue

The affidavit for the state search warrant for defendant’s cell phone established that cell phones were used in the drug offenses, so that establishes probable cause to search them. The fact the phones were searched in a county other than … Continue reading

Posted in Warrant execution | Comments Off

D.N.M. allows motion to reconsider under implied authority and denies it

On defendant’s motion to reconsider the prior denial of the motion to suppress, the new evidence that defendant has doesn’t change the outcome. United States v. Thayer, 2017 U.S. Dist. LEXIS 51255 (D.N.M. April 3, 2017).* The motion to reconsider … Continue reading

Posted in Burden of proof | Comments Off

techdirt: Bipartisan Bill Would Require A Warrant To Search Americans’ Devices At The Border

techdirt: Bipartisan Bill Would Require A Warrant To Search Americans’ Devices At The Border by Mike Masnick:

Posted in Border search | Comments Off

D.Me.: CC fraud case led to PC def’s computer had “victim information” on it

Defendant was arrested for credit card fraud, and he had a computer in his vehicle. There was probable cause as to his computer and reasonable to issue a search warrant for “victim information.” United States v. Febles, 2017 U.S. Dist. … Continue reading

Posted in Computer searches, Dog sniff | Comments Off

D.Me.: When acting on smell of burning MJ, officer doesn’t have to determine whether def has an MMJ card to nullify PC

The smell of marijuana in a national park led to the ranger seeing defendant with a vaporizer smoking device and a stronger smell. This was probable cause, and probable cause doesn’t depend on the officer inquiring whether the defendant has … Continue reading

Posted in Plain view, feel, smell, Probable cause | Comments Off

D.S.D.: CI tip provided RS for probation home search

The PO’s CI provided information which came to the PO through the police. There was no independent verification of the CI’s tale, but there was enough detail to provide reasonable suspicion for a home search under the conditions of the … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off