Monthly Archives: August 2017

N.D.Ga.: The SW doesn’t have to be in hand at the place of search as long as it is complied with

In a pill mill case against two doctors, the search warrant incorporated a list of what they were looking for by saying “See Exhibit B.” The use of the word “see” incorporated Exhibit B. Moreover, Exhibit B didn’t need to … Continue reading

Posted in Particularity, Warrant execution | Comments Off

S.D.Fla.: A car broken down on the highway was still “readly mobile” enough for the automobile exception to apply

A car broken down on the highway was still “readly mobile” enough for the automobile exception to apply. United States v. Ortiz-Santizo, 2017 U.S. Dist. LEXIS 128710 (S.D. Fla. Aug. 14, 2017):

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NC: Seizure of shotgun during protective sweep for misdemeanor probation arrest was unreasonable

Defendant was arrested without incident in his living room for a violation of misdemeanor probation, and there was a protective sweep of other rooms looking for others, and a shotgun was seen. The protective sweep was valid, but the seizure … Continue reading

Posted in Probation / Parole search, Protective sweep | Comments Off

D.Nev.: Inventory invalid for not sufficiently complying with policy; bodycam video relied upon

The inventory is invalid for not coming close to complying with the LVMPD inventory policy. The lack of a written itemization and the body camera video shows it was not a valid inventory. Also, the passenger was a good friend … Continue reading

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D.Minn.: PC for SW doesn’t even need to be decided if the GFE would apply

Probable cause doesn’t even need to be decided if the good faith exception would apply. “Even assuming without deciding that the search warrants lacked probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to … Continue reading

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D.Kan.: The question is not whether following too close statute was violated; it’s whether there was RS it was violated

On deciding reasonable suspicion for following too close, “[d]eciding the issue presented by these motions does not require the court to decide whether Mr. Acevedo violated [the statute]. Instead, it requires the court to decide whether Lt. Stopper had an … Continue reading

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D.N.J.: Anonymous Crimestopper tip was too generic to be RS

Crimestopper’s anonymous tip that was not corroborated and had only generic information identifying the suspect had “virtually no indicia of reliability.” The stop violated the Fourth Amendment. United States v. Little, 2017 U.S. Dist. LEXIS 125664 (D. N.J. Aug. 8, … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off

TX14: Argument that arrest violated 4A wasn’t specific enough to preserve lack of PC

Arguing that one’s arrest violated the Fourth Amendment didn’t preserve his lack of probable cause claim on appeal. Doremus v. State, 2017 Tex. App. LEXIS 7702 (Tex. App. – Houston (14th Dist.) Aug. 15, 2017). The affidavits in support of … Continue reading

Posted in Burden of pleading, Burden of proof, Nexus | Comments Off

MA: Riley applies under state const. to digital cameras

A digital camera, like a cell phone, can be seized incident to an arrest, but it can’t be searched without a warrant. While SCOTUS hasn’t applied Riley to digital cameras, the state constitution here affords the same protection to digital … Continue reading

Posted in Computer searches, Reasonable suspicion, State constitution | Comments Off

Mother Jones: Justice Department Accused of Breaching Constitution by Seeking Info on Visitors to Anti-Trump Website

Mother Jones: Justice Department Accused of Breaching Constitution by Seeking Info on Visitors to Anti-Trump Website by Pema Levy The website hosting company calls the move a “clear abuse of government authority.”

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