Daily Archives: July 30, 2017

CA9: Entry into glove box to get registration unreasonable where it’s all on police computers already and VIN on dash

Police officer’s entry into defendant’s glove compartment for registration was unreasonable where the VIN is visible on the dashboard (see New York v. Class) and could be run on the patrol car’s computer to retrieve the same information. It may … Continue reading

Posted in Reasonableness | Comments Off

WGRZ: Cuomo orders state review of ‘textalyzer’

WGRZ: Cuomo orders state review of ‘textalyzer’ by Jeff Prevail:

Posted in Cell phones | Comments Off

N.-M. Ct.Crim.App.: Trial judge’s findings on deterrence for exclusion lacking, so remanded

Defendant was charged in Washington state court with child pornography after he was arrested in a prostitution sting and police obtained access to his cell phone by getting his password. The state court suppressed the search of the cell phone, … Continue reading

Posted in Exclusionary rule, Military searches | Comments Off

M.D.Ala.: Govt’s email SW in identity theft scheme is overbroad; applications need to be limited and resubmitted

The government’s email search applications are overbroad and don’t sufficiently protect the privacy rights of the account holders. The government, however, can limit the applications and submit them again. In the Matter of the Search of Information Associated with Fifteen … Continue reading

Posted in E-mail, Overbreadth | Comments Off

CA8: When a gun is seized in a business, govt must show justification; here it failed to show officer safety was an issue. A gun on a shelf in a business is not exigency per se.

An undercover officer entered a tattoo parlor looking for a “person of interest” in an unrelated case. A gun was seen on a shelf in the “work area.” Officers came back. Customers were allowed in the “work area” by invitation … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable

The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading

Posted in Cell phones, F.R.Crim.P. 41, Scope of search, Warrant execution | Comments Off

KS: While stop and frisk must be objectively reasonable, officer’s subjective beliefs have evidentiary relevance and are “not to be ignored”

While objective facts must support a frisk, an officer’s subjective beliefs are at least relevant evidence on how objective it is. “In short, an officer’s subjective fear or belief that a stopped person is armed and presently dangerous is not … Continue reading

Posted in Reasonable suspicion | Comments Off

D.R.I.: Warrantless ping of def’s cell phone was based on exigency of threatened suicide

Defendant sent texts suggesting he’d commit suicide rather than go to prison for child pornography, something he’d been involved with before. The officers had exigent circumstances to have his cell phone pinged to find him. There was a factual dispute … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency | Comments Off