Daily Archives: May 3, 2017

E.D.Ky.: An “unreasonable” overseizure as to quantity and not place might be suppressible; hard case to understand

Overseizure under a valid warrant is hard to prove. This case makes it seem like at least an “unreasonable” overseizure, whatever that is, might still be a general search, but it doesn’t directly say so. This case is not good … Continue reading

Posted in Overseizure | Comments Off

OH3: SW was clearly conclusory, but still saved by GFE

The affidavit to support the search warrant was clearly conclusory, but the court can’t say that the officers didn’t objectively rely on the search warrants for purposes of the good faith exception. It wasn’t in “bad faith,” so it must … Continue reading

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NYTimes: Reined-In N.S.A. Still Collected 151 Million Phone Records in ’16

NYTimes: Reined-In N.S.A. Still Collected 151 Million Phone Records in ’16 by Charlie Savage: The National Security Agency vacuumed up more than 151 million records about Americans’ phone calls last year via a new system that Congress created to end … Continue reading

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IL: Arrest of driver would not make passengers think they were free to leave; continuation of stop was with RS

Passengers would not think they were free to leave based on the arrest and handcuffing of defendant driver. The continuation of the stop, however, was with reasonable suspicion because of furtive movements. People v. Veal, 2017 IL App (1st) 150500, … Continue reading

Posted in Probable cause, Probation / Parole search, Reasonable suspicion, Seizure | Comments Off

N.D.Fla.: No right in federal court to interlocutory appeal of denial of a suppression motion

“A defendant may not take an interlocutory appeal from an order denying a motion to suppress evidence. Di Bella v. United States, 369 U.S. 121, 123-24, 82 S. Ct. 654, 7 L. Ed. 2d 614 (1962).” So, defense counsel’s failure … Continue reading

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CA4: $41,000 cash could be seized in execution of a warrant for marriage and immigration fraud based on def’s explanation

$41,000 cash could be seized in execution of a warrant for marriage and immigration fraud even though its evidentiary significance wasn’t instantly obvious. United States v. Kimble, 2017 U.S. App. LEXIS 7776 (4th Cir. May 2, 2017):

Posted in Plain view, feel, smell, Scope of search | Comments Off

PA: Def’s stop was on a ruse and there was no RS; apparent drug sale 5 weeks earlier not RS on day in question

Officers stopped defendant on the street, falsely claiming he was involved in a disturbance at a McDonald’s. The officer did know defendant was involved in a drug transaction five weeks earlier, but nothing on the day in question. Defendant’s stop … Continue reading

Posted in Reasonable suspicion | Comments Off

NJ: Protective weapons search may be obviated by officers’ control of the situation

Reasonable suspicion that a vehicle may contain a weapon can be obviated by the number of officers controlling the scene. Here, the officers outnumbered the occupants of the car and had everybody out, so nobody was getting access to a … Continue reading

Posted in Protective sweep | Comments Off