Daily Archives: May 27, 2017

E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

Posted in Cell phones, Cell site location information, GPS / Tracking Data, Nexus | Comments Off

LA2: UT blanket probation search condition applied to probationer transferred to LA

Defendant was on probation out of Utah and supervised in Louisiana. His PO received information that he might have child pornography on his cell phone. During a PO visit, he was told to get his cell phone and computer out … Continue reading

Posted in Conflict of laws, Informant hearsay, Probation / Parole search | Comments Off

OH6: Merely being “associated” with a vehicle doesn’t confer standing

“In his motion to suppress, he asserted only that he was ‘associated’ with the truck. We find an ‘association’ with the vehicle gives no greater rights than a mere passenger. Therefore, we agree with the state that appellant could not … Continue reading

Posted in Standards of review, Standing | Comments Off

IN: Stop was reasonably extended because the LPN didn’t match vehicle

A stop was reasonably extended by the officer because the LPN didn’t come back to the vehicle. Browder v. State, 2017 Ind. App. LEXIS 212 (May 22, 2017).* The affidavit for search warrant was not bare bones, and the search … Continue reading

Posted in Reasonable suspicion, Scope of search | Comments Off

Two car and person searches suppressed for lack of RS

The USMJ “reasonably determined that although there was probable cause to stop the car in which Linaman was traveling for possible traffic violations, …, Deputy Tadlock prolonged the stop beyond the time reasonably required to investigate those violations and without … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off