Daily Archives: May 16, 2017

E.D.Mich.: Affidavit for SW and other things showed def’s standing in two cell phones

The search warrant affidavit showed defendant’s standing in two cell phones that were seized. The phones were referred to as belonging to defendant, and she claimed them when asked about them but disclaimed ownership in others. Finally, she proffered that … Continue reading

Posted in Probation / Parole search, Standing | Comments Off

TN: Warrantless blood draw was exigent; seeking a warrant would delay it beyond 3 hours

The warrantless draw of defendant’s blood was justified on the basis of exigent circumstances. The officer acted reasonably by authorizing a warrantless blood draw so as to prevent a delay of over three hours before defendant’s blood could be preserved … Continue reading

Posted in Drug or alcohol testing | Comments Off

IL: Because def’s car matched description of a stolen car, it was reasonable to handcuff def

Considering that the vehicle defendant was stopped in matched the description of a stolen car, it was reasonable for the officer to handcuff him. People v. Richardson, 2017 IL App (1st) 130203-B, 2017 Ill. App. LEXIS 314 (May 12, 2017). … Continue reading

Posted in Inevitable discovery, Stop and frisk | Comments Off

N.D.Ohio: SW affidavit was so bare bones it never showed nexus or particularity; no GFE

The affidavit for search warrant here failed to show nexus between defendant’s house and drug dealing. There was some suspicion involving others and a stale anonymous tip never corroborated. Nothing implicated defendant except that one co-defendant was driving defendant’s van … Continue reading

Posted in Good faith exception, Nexus, Particularity | Comments Off

OH12: Police with SW for clothes didn’t need to determine whose were in a clothes pile before searching it

The search warrant was for a multitude of things in defendant’s house, including cell phones and clothing worn during the crime. A clothes pile could be searched without first determining whose clothes were apparently there. The pockets could be searched, … Continue reading

Posted in Scope of search | Comments Off