Daily Archives: June 10, 2017

GA: Def’s visiting cousin with no key had no apparent authority to consent to search of house

Defendant’s cousin, visiting the house and working in the garage, had no apparent authority to consent to an entry. He made it clear it wasn’t his house, that he had no key and entered through an unlocked side door, and … Continue reading

Posted in Apparent authority | Comments Off

IA: “New crime” exception for a crime committed against a police officer after an allegedly unlawful entry is a part of attenuation

The “new crime” exception for a crime committed against a police officer after an allegedly unlawful entry is permitted under the attenuation doctrine. Here, defendant assaulted a police officer who pursued her into her house on a warrant for arrest … Continue reading

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D.D.C.: Google has to produce e-mails on server in Ireland, declining to follow 2d Cir. in Microsoft II

After Second Circuit split 4-4 on whether Google could be compelled to provide e-mails stored in a server in Ireland by a warrant, a USMJ in D.C. holds that Google has to produce e-mails stored on that server. In the … Continue reading

Posted in Computer searches, E-mail, Warrant requirement | Comments Off

W.D.Tex.: County Jail’s acceptance of ICE detainees without PC violates 4A

Bexar County jail’s acceptance of ICE detainers without a showing probable cause for the detention violates the Fourth Amendment. The collective knowledge doctrine doesn’t apply where there isn’t any communication between ICE and the jail other than the jail taking … Continue reading

Posted in § 1983 / Bivens, Probable cause, Seizure | Comments Off

OH9: Potential working meth lab was exigency for entry

Officer’s seeing meth through window and then bottles used for making meth suggested making methamphetamine which is recognized as an exigency. State v. Secriskey, 2017-Ohio-4169, 2017 Ohio App. LEXIS 2217 (9th Dist. June 7, 2017). Defendant gets limited discovery of … Continue reading

Posted in Burden of proof, Emergency / exigency | Comments Off