Daily Archives: September 4, 2017

SC: Looking at cell phone SIM card to get owner information off phone was reasonable

Defendant left his cell phone behind at the scene of an attempted murder. Police removed the SIM card solely to find the name of the owner, then they obtained a search warrant for the SIM card. The limited use of … Continue reading

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OH2: Strieff attenuation doctrine not applied to an unlawful warrantless entry into a house and then finding a warrant on the defendant

Strieff attenuation doctrine not applied to an unlawful warrantless entry into a house and then finding a warrant on the defendant. State v. Turpin, 2017-Ohio-7435, 2017 Ohio App. LEXIS 3744, Sept. 1, 2017):

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W.D.N.C.: No IAC for not challenging facially sufficient Costa Rican SW issued at US request

The government issued letters rogatory to Costa Rica for investigation of a sweepstakes fraud calling the United States from there. Based on the request, the Costa Rican judiciary referred the matter to their department of justice which obtained search warrants. … Continue reading

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CAAF: It violated Miranda to order soldier provide password to unlock properly seized cell phone

It violated a Mirandized suspect’s Fifth Amendment rights to direct him to enter the passcode into a properly seized cell phone to unlock it for a search. United States v. Mitchell, 2017 CAAF LEXIS 856 (C.A. A.F. Aug. 30, 2017):

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