Daily Archives: June 5, 2017

Michigan Lawyers Weekly: Fitbit data, other digital evidence used by prosecution in murder case

Michigan Lawyers Weekly: Fitbit data, other digital evidence used by prosecution in murder case by Nicole Black: This case is particularly interesting since there was so much digital data used by the prosecution to refute the defendant’s version of the … Continue reading

Posted in Surveillance technology | Comments Off

SCOTUS: cert granted in CSLI case; third-party doctrine to be revisited, but how will it turn out?

Carpenter v. United States, 16-402 (granted June 5, 2017) Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth … Continue reading

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off

SD: Jury instruction on refusal of UA in a drug case was proper

At the Sturgis motorcycle rally, an officer noticed a couple enter a porta potty at 1 am. Finding this unsual, he went up and listened. He heard something that barely suggested they weren’t using the facilities for the intended use … Continue reading

Posted in Abandonment, Consent, Drug or alcohol testing | Comments Off

TN: No appeal of right for return of property under state 41(g) without successful motion to suppress

Where defendant pled guilty and did not raise a suppression issue, he could not, three years later, move for return of property under state rule 41(g) as a matter of right. The court of appeals held that the 41(g) motion … Continue reading

Posted in F.R.Crim.P. 41 | Comments Off

N.D.Tex.: Defendant doesn’t show that the officer’s waving his hand near the car was a handler cue to the dog

Defendant doesn’t show that the officer’s waving his hand near the car was a handler cue to the dog. It was part of the dog training. The stop wasn’t unreasonably extended because defendant wasn’t answering questions, and he even produced … Continue reading

Posted in Dog sniff | Comments Off

E.D.Mich.: Pole camera surveillance of curtilage and front of building for a year and 5 weeks wasn’t unreasonable

Defendant had a building that burned, and he moved out, conducting clean up and repairs. He was still considered by the FBI to be running drugs from there. The FBI installed a pole camera across the street that operated from … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off

E.D.Ky.: Affidavit for SW that didn’t mention time or continuation of drug possession was stale

Affidavit for search warrant that did not specify time and numbers of occurrences was stale. “Here, the affidavit simply states that the informant told Chief Bird that Defendant had a rock of crystal methamphetamine weighing about seven or eight ounces … Continue reading

Posted in Staleness | Comments Off