Daily Archives: July 24, 2017

N.D.Ind.: PC for def’s cell phone was shown by his social media postings

Defendant might not have standing but there was probable cause, so standing doesn’t have to be decided. Probable cause for the search warrant for defendant’s cell phone was predicated on his social media postings of him holding firearms, and they … Continue reading

Posted in Abandonment, Cell phones | Comments Off

S.D.N.Y.: Seizure of months of CSLI was proper to connect def to a particular place

Months of historical CSLI, rather than just three day’s worth, was properly acquired by the government to show defendant’s connections to the property at issue. The third party doctrine provides defendant no relief [yet]. United States v. Serrano, 2017 U.S. … Continue reading

Posted in Cell site location information, Scope of search, Standing | Comments Off

D.Md.: 2255 Franks IAC claim fails for not showing what the false statements were and how PC was undermined

Defendant’s 2255 Franks IAC claim fails for not showing what the false statements were and how probable cause was undermined. United States v. Johnson, 2017 U.S. Dist. LEXIS 112806 (D. Md. July 20, 2017). Defendant’s moving his hands around in … Continue reading

Posted in Franks doctrine, Ineffective assistance, Reasonable suspicion | Comments Off

N.D.Cal.: Defs can’t show taint from alleged illegal bugs and all that was acquired afterward in this wide-ranging investigation

There were stationary bugs that recorded conversations, and the government has declined to use them at trial after much litigation. Still, there is “a heap of incriminating evidence” derived from all kinds of sources, and the court won’t suppress all … Continue reading

Posted in Independent source | Comments Off

W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized

The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. … Continue reading

Posted in Computer searches, Staleness, Warrant execution | Comments Off

CA3: Nervousness in a high crime area isn’t RS

Defendant was in a “high crime” area around an apartment complex, and he was nervous when accosted by a law enforcement officer, something normal. This just wasn’t enough to be reasonable suspicion. United States v. Alvin, 2017 U.S. App. LEXIS … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off

DC: Time and proximity to a crime are important in RS, but here it was lacking

Time and proximity are important in the reasonable suspicion calculus. The closer in time with proximity to the scene of a crime, the more likely the suspect is involved in the suspected or already occurred criminal activity. Here, however, two … Continue reading

Posted in Private search, Reasonable suspicion | Comments Off

E.D.Pa.: Security video of def’s business belies his claim of coerced consent for search

Defendant moves to suppress the search of his business because he claimed his consent was coerced. His specific claims of coercion are belied by the security video from the business. Denied. United States v. Hunt-Irving, 2017 U.S. Dist. LEXIS 108253 … Continue reading

Posted in Consent | Comments Off