Daily Archives: June 4, 2017

E.D.Tenn.: Householder had no apparent authority to consent to a search of a metal box she identified as somebody else’s

Householder’s consent did not apply to a search of a metal box the householder said belonged to someone else. “While it is undisputed that the officers had authority to search Cuff’s residence based on her consent, the Court finds that … Continue reading

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D.N.M.: Where search of backpacks in car was unreasonable, each def only had standing as to his own bag

Defendants were involved in a rollover accident on a New Mexico interstate highway. Another person came to pick them up after they called. The officer on the scene insisted on searching each of the bags that they pulled out of … Continue reading

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NH: After reversal on bad search, state free to argue alternative grounds

After the defendant got his conviction reversed on appeal for an unreasonable search, the state was free to make an alternative argument to sustain the search, and here it was independent source and inevitable discovery, which the court finds. Law … Continue reading

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D.Ariz.: Body camera video and audio showed the officer was diligent and not prolonging the stop

“Indeed, as pointed out by the magistrate judge, the ‘body camera video and audio demonstrate that Trooper Duckett was working diligently in trying to locate Ms. Glenn’s license information, but it did take some time to find it.’” Finally, the … Continue reading

Posted in Body cameras, Reasonable suspicion, Staleness | Comments Off

OK: State can’t show refusal to consent as consciousness of guilt (surveying cases), but here it was harmless

In this death penalty appeal, the heavy weight of authority (surveying many cases) is that defendant’s refusal to consent cannot be used to show he is hiding evidence or to show consciousness of guilt. Some cases find it a due … Continue reading

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E.D.Va.: Potential fraud conspiracy provided inference for PC to search cell phones

There was probable cause for the search of defendant’s cell phones in his car. He fled from an attempt to make a purchase at a store with a stolen prepaid credit card. When his car was stopped, he consented to … Continue reading

Posted in Cell phones, Motion to suppress, Probable cause | Comments Off