Daily Archives: June 3, 2017

someecards: Bragging drug dealer gets instant karma when cops raid his house on Facebook Live

someecards: Bragging drug dealer gets instant karma when cops raid his house on Facebook Live by Kelsey Solywoda: A house in Jacksonville, FL was raided by police recently while the guy that lived there was in the middle of a … Continue reading

Posted in Surveillance technology | Comments Off

MI: Predawn knock-and-talk was a trespass under Jardines; even Girl Scouts know better

Predawn (4 am in one case, 5:30 am in other) knock-and-talk was a trespass and violated social norms under Jardines. Implied license to enter the curtilage is time sensitive. People v. Frederick, 2017 Mich. LEXIS 1113 (June 1, 2017):

Posted in Knock and talk, Reasonableness, Trespass | Comments Off

OK: Def counsel not constitutionally required to be notified of DNA SW after prosecution began

A search warrant was obtained for defendant’s DNA after he was represented. The affidavit showed probable cause, and there was no requirement to advise defense counsel of the search warrant before execution. Frederick v. State, 2017 OK CR 12, 2017 … Continue reading

Posted in DNA, Standards of review, Warrant execution | Comments Off

CO: Prior illegal third party consent search of GPS in car unbeknownst to def wasn’t law of the case barring subsequent SW on independent evidence

Defendant was arrested for a sex offense, and, while in jail, his landlord kicked him out and his car was towed away and impounded by the police. The police used the towing company’s consent to search the GPS in his … Continue reading

Posted in GPS / Tracking Data, Independent source | Comments Off

OH5: Def didn’t shield his grow operation from flyover; consent to police to search voluntary

Defendant had a marijuana grown at his rural property, and the roof was partially open exposing the grow. Police flying over in a helicopter saw it, gave the GPS coordinates to officers on the ground who came to the house … Continue reading

Posted in Reasonable expectation of privacy | Comments Off

OH1: Where inventory ordinance required police consider alternatives to impoundment, failure to do so leads to suppression

Cincinnati Municipal Code requires alternatives to impoundment be considered, and a failure to do so can void the inventory, as here. “Ultimately, nothing presented at the suppression hearing indicates that before ordering the inventory search, Officer Clarkson even considered the … Continue reading

Posted in Consent, Inventory | Comments Off

CA2: Protective sweep leading to plain view doesn’t require immediate seizure

Police entered the apartment with an arrest warrant for one occupant and found four living there. A gun and drugs were in plain view. During a protective sweep, a gun and cell phone were found in defendant’s room. They weren’t … Continue reading

Posted in Plain view, feel, smell, Protective sweep | Comments Off

CA9: Administrative stop of tractor-trailer was pretext for criminal investigation lacking RS; suppressed

Commercial vehicles are subject to administrative stops for compliance inspections without reasonable suspicion. When, however, the use of the stop is predicated on pretext for criminal investigation, the stop and its continuation require reasonable suspicion. Here, that was lacking, and … Continue reading

Posted in Administrative search, Pretext, Reasonable suspicion | Comments Off

MA: Nervousness, evasive answers about travels, coming from a source city, and criminal history all not RS

Defendant’s stop for a traffic offense had to end when there was no reasonable suspicion. Here, the government’s arguments for reasonable suspicion are all unavailing: Nervousness, evasive answers about his travels, coming from a source city, and criminal history all … Continue reading

Posted in Reasonable suspicion | Comments Off

SC: Catching up to def on street and telling him to produce ID was a seizure, here without RS

“Before the agents made contact with Spears, he had walked several hundred feet without the agents engaging him, indicating he was free to continue walking. By increasing their speed to catch up with Spears, the agents indicated to Spears he … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off