Daily Archives: May 23, 2017

CA5: Prospective CSLI is a records request, and it is not subject to the Fourth Amendment

A court order for prospective cell site location information is a records request, and it is not subject to the Fourth Amendment. United States v. Wallace, 2017 U.S. App. LEXIS 8914 (5th Cir. May 22, 2017), substituted opinion 2017 U.S. … Continue reading

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CA7: “I guess so. You’re just doing your job” to a request to search is consent

Defendant was in a small roomette on an Amtrak train. When it stopped in Galesburg IL, two police officers went through the train to look at papers, IDs, and ask about hauling cash or drugs. She denied having anything, but … Continue reading

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D.N.M.: “An attorney’s choice in advancing one theory over another at a suppression hearing is often a strategic decision.”

“An attorney’s choice in advancing one theory over another at a suppression hearing is often a strategic decision.” United States v. Gutierrez, 2015 U.S. Dist. LEXIS 188570 (D.N.M. January 27, 2015). Defendant couldn’t claim ineffective assistance from a 2004 traffic … Continue reading

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D.P.R.: Lack of attenuation from illegal search leads to exclusion

The lack of attenuation and exploitation of the illegality of an illegal search here favors exclusion. United States v. Cordero-Rosario, 2017 U.S. Dist. LEXIS 76904 (D.P.R. May 18, 2017):

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WV: Defendant’s recorded consent shows it was valid

Defendant’s recorded consent shows it was valid. “he does not contest the voluntariness of the search and appears to take issue only with the extent of his voluntary consent. Petitioner’s consent to the search was recorded by law enforcement, and … Continue reading

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OH2: Nothing about def or her driving suggested she was under the influence; PBT suppressed

There was no reasonable suspicion for defendant’s stop: defendant had not admitted to drinking on the evening of the stop, that her traffic violation had been de minimis, that her speech was not impaired, that neither defendant’s movement when she … Continue reading

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The last of the files left in the hacks are gone

Our server service took us down for 48 hours to cleanup files left during the hacks. Regretfully, there were phishing attacks coming from here because of implanted files. You remove what they point out, and then others appear, triggered maybe … Continue reading

Posted in Uncategorized | Comments Off

CA1: Misstatement Alpha-PVP was in package instead of Alpha-PHP was not material nor in bad faith

The affidavit for search warrant was based on a customs search of a package destined for delivery in Maine that the contents was Alpha-PVP, which is how it looked and field tested as MDMA. Later lab analysis showed it was … Continue reading

Posted in Automobile exception, Franks doctrine | Comments Off