Daily Archives: July 23, 2017

NYTimes: A Warrant to Search Your Vagina

NYTimes: A Warrant to Search Your Vagina by Andrea J. Ritchie:

Posted in Police misconduct | Comments Off

E.D.Tenn.: Triggering event for anticipatory warrant not met, and suppression granted

The specific triggering event for this anticipatory warrant was handing the package to defendant, but that did not happen. The police entered anyway and seized. The Sixth Circuit recognizes that the triggering event has to be considered in a common … Continue reading

Posted in Anticipatory warrant | Comments Off

S.D.Tex.: Single key in the ignition adds nothing to RS

The stop was unreasonably prolonged without reasonable suspicion. All the officer had was nervousness (belied by the video), one passenger had no bag in the car, and a single key was in the ignition. United States v. Flores, 2017 U.S. … Continue reading

Posted in Reasonable suspicion | Comments Off

M.D.La.: Any exigency ended with def’s arrest; no facts showed others present

Any exigency involving defendant in his house evaporated when he was arrested and handcuffed. The mere possibility others are present can be exigency, but it requires pointing to actual facts, not possibilities. The court credits defendant’s own testimony damaging to … Continue reading

Posted in Emergency / exigency, Staleness | Comments Off

N.D.Ind.: Use of drug dog in hotel hallway wasn’t at all like invading the curtilage in Jardines

Use of a drug dog in a hotel hallway that produced an alert on defendant’s room’s door was not unreasonble under Jardines. A hotel hallway, accessible to many people, cannot be compared to the curtilage of a home. United States … Continue reading

Posted in Curtilage, Dog sniff, Reasonable expectation of privacy | Comments Off

W.D.Ky.: Laptop in car was in plain view for seizure where there was PC it contained evidentiary information

Defendant’s laptop was in plain view when it was seized from his car when defendant was arrested because the police believed that stolen credit card information would be on it. United States v. Prado, 2017 U.S. Dist. LEXIS 111954 (W.D. … Continue reading

Posted in Computer searches, Plain view, feel, smell | Comments Off

D.Ore.: Gov’t's mishandling of overseizure in Facebook SW didn’t prejudice defs so no suppression

The Facebook warrant was not overbroad, and it was consistent and less intrusive than a Facebook warrant previously approved by the Ninth Circuit in Flores. That which was nonresponsive to the warrant was previously ordered segregated and sealed, and the … Continue reading

Posted in Overseizure, Warrant execution | Comments Off