Daily Archives: April 14, 2017

WV: Drug dog arrived and worked before ticket was finished; neither occupant had DLs, so the dog didn’t lengthen the stop

“As in Brock, the record on appeal in the instant case shows that the mission of the traffic stop was not completed at the time the dog sniff occurred. Officer Boggess testified that he was only approximately ‘three-quarters of the … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

WV: Smell of burning MJ coming from def’s house was justification to enter

Officers approaching defendant’s house could smell marijuana. When the door was opened, the smell got stronger, and that justified a warrantless entry. State v. Ott, 2017 W. Va. LEXIS 256 (April 10, 2017) (memorandum). The CI never said he was … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell | Comments Off

LA4: In school handoff from suspected MJ dealer to another student was RS as to the latter

In a school, one student who was a suspected marijuana dealer handed something to another student. That was reasonable suspicion as to the recipient. “Here, Mr. Gaddies observed K.L. receive something from a student known to have issues with marijuana. … Continue reading

Posted in Reasonable suspicion, School searches | Comments Off

S.D.Ind.: T-Mobile’s policy to do a data dump on any T-Mobile phone linked to a robbery of one of its stores doesn’t make it a government agent

A T-Mobile store was robbed, and their policy is to do a data dump including CSLI of any T-Mobile phone number potentially linked to the robbery. That does not make them a government agent in the data dump. United States … Continue reading

Posted in Cell phones, Cell site location information, Search | Comments Off

Forbes: US Immigration Splurged $2.2 Million On Phone Hacking Tech Just After Trump’s Travel Ban

Forbes: US Immigration Splurged $2.2 Million On Phone Hacking Tech Just After Trump’s Travel Ban by Thomas Fox-Brewster:

Posted in Border search, Cell phones | Comments Off

E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable

Seizure of defendant’s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):

Posted in Cell phones, Search incident, Seizure | Comments Off

OH3: Drug dog on scene in 1 min didn’t prolong the stop

Defendant was stopped for window tint, and the drug dog arrived within one minute. The dog sniff did not delay the stop because no response had yet been received from dispatch. State v. Wade, 2017-Ohio-1319, 2017 Ohio App. LEXIS 1340 … Continue reading

Posted in Dog sniff, Plain view, feel, smell | Comments Off

OH3: That def’s car probably was involved in a shooting was PC for an automobile exception search

Officers had probable cause to look in defendant’s car under the automobile exception: “We conclude that law enforcement had probable cause to believe that the silver Honda Civic contained contraband. Kern was shot at from a silver Honda Civic and … Continue reading

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