Daily Archives: April 30, 2017

Cal.4th: Probation search for “property” does not include “electronic data”

The juvenile’s probation search condition for his “property” does not reasonably include electronic data. In re I.V., 2017 Cal. App. LEXIS 392 (4th Dist. April 28, 2017):

Posted in Cell phones, Computer searches, Probation / Parole search | Comments Off

W.D.N.Y.: Bringing federal officers along on a cigarette tax search was not unreasonable; no duty to clean up after an otherwise reasonable search

(1) Under New York state law, cigarette retailers are pervasively regulated. Here, NY tax officials were checking on tax stamps. (2) While officers seemed to think they had authority to search defendant’s purse under the administrative search doctrine, they didn’t. … Continue reading

Posted in Administrative search, Pretext, Reasonableness | Comments Off

VT: Entry into respondent’s land to investigate open fire was reasonable

Respondent was burning something on his open land without a burn permit. Firefighters were called, and they observed from the road that the color of the smoke indicated something other than natural wood was being burned. From their view, however, … Continue reading

Posted in Administrative search, Standards of review | Comments Off

MD: Drug dog’s reliability is not subject to de novo appellate review

Whether a drug dog is reliable is a question committed to the trial court. It is not subject to de novo review on appeal. Grimm v. State, 2017 Md. App. LEXIS 413 (April 26, 2017). In this death case, there … Continue reading

Posted in Dog sniff, Standards of review | Comments Off

D.N.J.: CI aiding police entered vessel on his own to take pictures of weapon; still a private search

Defendant was indicted for “knowingly taking marine mammals on the high seas by means of a firearm in violation of the Marine Mammal Protection Act (MMPA), 16 U.S.C. §§ 1372(a)(1) and 1375(b).” A CI, already conversing with law enforcement, went … Continue reading

Posted in Private search | Comments Off

W.D.N.Y.: Despite bad SW drafting, text messages are “records” in a cell phone

“[N]otwithstanding the warrant’s poor grammar and ‘unwieldy’ language,” the court finds that text messages are included within the definition of “records” in the defendant’s cell phone. United States v. Swinton, 2017 U.S. Dist. LEXIS 62172 (W.D. N.Y. April 24, 2017):

Posted in Particularity, Scope of search | Comments Off

W.D.N.Y.: Violations of state law on jurisdiction of investigative subpoenas not a federal issue

Defendant’s motion to reopen his suppression hearing to explore a state law claim on jurisdiction of subpoenas is denied because it has no relevance to the federal investigation. One of his issues is jurisdiction: which county had jurisdiction over the … Continue reading

Posted in Reasonableness | Comments Off