Daily Archives: April 18, 2017

D.Minn.: Violation of state law in issuing a cell phone search warrant not ground to suppress in federal court

A cell phone search warrant issued in violation of Georgia law would not be suppressed in federal court. Also, Rule 41 and the Fourth Amendment are not coextensive, so the alleged violation of Rule 41 is not necessarily a violation … Continue reading

Posted in Cell phones, F.R.Crim.P. 41 | Comments Off

W.D.Ky.: A safe can’t be seized under plain view during an emergency entry after a shooting; its contents are unknown

“Here, police were investigating a serious crime involving gunfire and could not account for a victim. Based on the totality of evidence that the officers were aware of at the time they decided to make entry into the residence, it … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

RealClear Policy: Civil Asset Forfeiture Harms Innocent Americans

RealClear Policy: Civil Asset Forfeiture Harms Innocent Americans by Rep. Doug Collins: The mechanics of civil asset forfeiture can be hard to follow because its abuses are rooted in circular reasoning. So it’s helpful to trace out how the statutes … Continue reading

Posted in Forfeiture | Comments Off

NYTimes: Civil Rights Lawyers Plan to Challenge New York’s Body-Camera Program

NYTimes: Civil Rights Lawyers Plan to Challenge New York’s Body-Camera Program by Ashley Southall: A pilot program for police officers to begin wearing body cameras this month cleared a major hurdle when it was approved last week by the federal … Continue reading

Posted in Body cameras | Comments Off

To what degree is RS near the border delegated to the Border Patrol?

On the totality of circumstances, there was reasonable suspicion. “Keeping in mind that border patrol agents, not courts, are trained to detect smugglers, and ‘[t]he facts are to be interpreted in light of a trained officer’s experience,’ United States v. … Continue reading

Posted in Immigration checkpoints, Reasonable suspicion | Comments Off

D.S.D.: Asking def’s GF if she had the phone she saw naked pictures of her 13-year-old daughter in didn’t make her an agent

Defendant’s girlfriend reported to police that she saw nude pictures of her 13 year old daughter on defendant’s cell phone. The officer asked if she had the phone, and she hesitated, located it, and handed it over. She was not … Continue reading

Posted in Private search | Comments Off