Daily Archives: May 10, 2017

BNA: Can You Hear Them Now? Robbers Ask SCOTUS for Phone Privacy

BNA: Can You Hear Them Now? Robbers Ask SCOTUS for Phone Privacy by Jordan S. Rubin: From Criminal Law Reporter

Posted in Cell site location information, SCOTUS | Comments Off

We were hacked (again). Nobody is safe

You probably noticed that the site didn’t work for a good part of yesterday. It’s been hacked before, and the server owner we contract it to took their sweet time undoing this one. The password has been changed twice, but … Continue reading

Posted in Uncategorized | Comments Off

D.Ariz.: Trailer on blocks with no means around to pull it not subject to automobile exception

An RV trailer elevated on a block with nothing to pull it around is not subject to the automobile exception. United States v. Maley, 2017 U.S. Dist. LEXIS 69797 (D.Ariz. May 5, 2017). A detailed tip about defendant on supervised … Continue reading

Posted in Automobile exception, Probation / Parole search | Comments Off

CA2: Unlicensed driver of rental car rented by another had no standing in car

The court does not have to decide whether the unauthorized driver of a rental car as to the rental contract has standing, despite being loaned the car by the renter, noting differing authorities; because defendant was also an unlicensed driver … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off

M.D.Ala.: A “level III inspection” of a tractor trailer by the Motor Carrier Safety Unit of the Alabama State Police was valid and led to RS then PC

A “level III inspection” of a tractor trailer by the Motor Carrier Safety Unit of the Alabama State Police led to looking at the load and seeing that something was wrong, and that led to finding marijuana. The stop and … Continue reading

Posted in Administrative search, Consent | Comments Off

D.S.C.: Motorcycle owner’s GPS tracked to def’s backyard; no Franks violation in the SW affidavit because it was really backyard

The owner of a motorcycle had a GPS tracker on it, and he reported to the police that it was pinging at defendant’s address. Defendant’s claim that the affidavit for the search warrant for defendant’s address violated Franks because the … Continue reading

Posted in Franks doctrine, Particularity | Comments Off

D.Minn. USMJ finds Playpen warrant constitutionally defective and no GFE

“Accordingly, the NIT warrant is void ab initio. Without an identifiable warrant exception (the Government offers none and the Court is aware of none) the Court concludes that the NIT warrant’s violation of Rule 41(b) and 28 U.S.C. § 636(a) … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception | Comments Off