Daily Archives: May 8, 2017

MA: SW required to access def’s text messages under SCA and state const.

The state needed a search warrant to access defendant’s text messages under the SCA and state constitution. Commonwealth v. Fulgiam, 2017 Mass. LEXIS 338 (May 5, 2017). (Massachusetts has already held that CSLI is protected under the state constitution.) “We … Continue reading

Posted in Cell phones, State constitution | Comments Off

W.D.Mo.: Damaged and inoperable vehicle that ran into a building was “readily mobile” for automobile exception

Defendant’s car was still “readily mobile” for automobile exception purposes where it had been driven though the front of a building, was wrecked and had a flat and broken windshield. United States v. Scott, 2017 U.S. Dist. LEXIS 66514 (W.D. … Continue reading

Posted in Automobile exception | Comments Off

D.Minn.: Complete failure of showing nexus fails PC and GFE

The affidavit for the search warrant completely failed to show nexus to defendant’s house and drugs. Complete lack of nexus does not support the good faith exception either. United States v. Rios-Uscanga, 2017 U.S. Dist. LEXIS 68991 (D.Minn. March 13, … Continue reading

Posted in Good faith exception, Nexus | Comments Off

LA: When the police ask if a person is inside and the person answering the door steps aside, that’s consent to enter

When officers come to the door and ask whether a person is there, and the person answering the door steps aside, that’s consent to enter. State v. Howard, 2017 La. LEXIS 937 (May 3, 2017). Defendant’s consent to search issue … Continue reading

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IA doesn’t recognize officer’s mistake of law

Defendant was stopped in what was thought to be a county park after midnight, but there was no proof that the park was properly established or had closing hours. Assuming that the officer committed a mistake of law, Iowa does … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off