Daily Archives: August 15, 2017

TN: Conclusory statement from CI defs had drugs and unsuccessful controlled buy was neither PC for warrant nor RS for probation search

The trial court properly granted defendants’ motion to suppress evidence seized as a result of a warrantless search of their house. The information possessed by the officers at the time of the search, including a conclusory statement from a confidential … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

ZDNet et al: Trump administration demands data on over a million visitors to anti-Trump site

ZDNet: Trump administration demands data on over a million visitors to anti-Trump site by Zack Whittaker The EFF, representing Dreamhost in the case, called the Justice Dept’s order ‘unconstitutional’. ACLU: Massive Search Warrant Targets Anti-Trump Website in Clear Threat to … Continue reading

Posted in Surveillance technology | Comments Off

CA6: Arrest warrants don’t get stale like SWs

Application for a COA on a 2255 appeal for failing to timely file a motion to suppress is denied. Arrest warrants don’t get stale like search warrants, and such a staleness argument would fail. Also, the record shows that the … Continue reading

Posted in Arrest or entry on arrest, Staleness | Comments Off

OR: No exigency for warrantless entry into home for BAC when another warrant required for that anyway

In a DUI case, the state did not show exigent circumstances to enter defendant’s home to take him into custody to then have to seek a search warrant for his blood anyway. State v. Ritz, 361 Ore. 781, 2017 Ore. … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency | Comments Off

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs by Shayna Posses:

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off