Daily Archives: August 16, 2017

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.”

Posted in Computer searches | Comments Off

C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off

CA8: Def consented by his admissions on two recordings and rejecting expert witness saying consent form was forged

The district court’s findings of consent were supported by the evidence. Defendant provided a claimed expert witness that testified that the signature on the consent form appeared to be forged. The government’s cross examination attacked the witness’s methodology and qualifications, … Continue reading

Posted in Consent, Informant hearsay | Comments Off

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off