Daily Archives: August 7, 2017

OH2: Def’s denial of possessory interest in car at suppression hearing denies him standing

“During the suppression hearing, Williamson specifically disclaimed a possessory interest in the Chrysler 300” so he didn’t have standing. State v. Williamson, 2017-Ohio-7098, 2017 Ohio App. LEXIS 3217 (2d Dist. Aug. 4, 2017). (Shades of Rawlings v. Kentucky where the … Continue reading

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W.D.Mo.: Writing “return to sender” and putting package back on porch didn’t nullify PC for anticipatory warrant

The fact a package with drugs is coming to a particular address is enough to issue an anticipatory warrant for that address. A prior history of that address and drugs isn’t required. When the triggering condition is taking the package … Continue reading

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M.D.Fla.: Probation condition doesn’t permit warrantless tracking of defendant’s cell phone as a matter of course. If he’s a fugitive, yes, by court order

Probation condition doesn’t permit warrantless tracking of defendant’s cell phone as a matter of course. When he’s a fugitive, however, it can be. United States v. Ponce, 2017 U.S. Dist. LEXIS 119550 (M.D. Fla. July 31, 2017):

Posted in Cell site location information, Probation / Parole search | Comments Off

CA9: In a civil Franks claim, withheld SW affidavit tolls limitations until discovery

Plaintiff claimed judicial deception in obtaining search warrants for his home and computers over the death of his wife. When the state had the warrant affidavits sealed, the two year statute of limitations on his claim of judicial deception did … Continue reading

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VI: Report of gun pointed from a particular car is RS

A report that a gun had been pointed from a car was reasonable suspicion to stop the car. When three of the four doors of the car flung open on the stop, it was reasonable to order everyone to the … Continue reading

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CA10: “the Fourth Amendment doesn’t require officers to use the least intrusive method of acquiring information”

The district court was mistaken in holding that the defendant officers didn’t use the least restrictive means necessary when he was seized: “the Fourth Amendment doesn’t require officers to use the least intrusive method of acquiring information. See Armijo ex … Continue reading

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CA9: A valid parole search includes detaining the property long enough to search it

Defendant was on a parole search condition, and that included searching any property under his control and even detaining that property long enough to do it. United States v. Miller, 2017 U.S. App. LEXIS 14283 (9th Cir. Aug. 3, 2017). … Continue reading

Posted in Cell site location information, Probation / Parole search | Comments Off

IA: Passenger in a car being impounded should have been permitted to keep her purse and not leave it in car

Defendant was a passenger in a car stopped for expired tags. She should have been allowed to keep her purse when she got out of the car. Instead, she was told to leave it in the car, and then it … Continue reading

Posted in Apparent authority, Consent, Inventory | Comments Off