Daily Archives: November 8, 2017

The Hill: House Judiciary advances warrantless wiretapping reform bill

The Hill: House Judiciary advances warrantless wiretapping reform bill by Katie Bo Williams:

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Miami Herald: Feds want cash seized in a raid last year, so they’re suing the cash

Miami Herald: Feds want cash seized in a raid last year, so they’re suing the cash by David Goodhue: The federal government is suing a bundle of cash seized in a drug raid last year near Key West that turned … Continue reading

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The Register: US domestic foreign spying bill progresses through Congress

The Register: US domestic foreign spying bill progresses through Congress by Kieren McCarthy

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N.D.Fla.: Entry into motel room was valid with arrest warrant when officers reasonably believed he would be there

The U.S. Marshal’s fugitive task force, with arrest warrant in hand, was looking for defendant. They were watching his motel room and saw him outside and gave chase. They lost sight of him and circled back to his hotel room … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Inevitable discovery | Comments Off

S.D.Ill.: To claim denial of consent over cotenant under Randolph, def has to prove something; here nothing

Defendant’s co-tenant, away from the premises, consented to a search. Defendant was there and alleges in the motion he protested the consent search. Under Randolph, “Absent exigent circumstances, a warrantless search of a home based on a co-tenant’s consent is … Continue reading

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CA7: Hot pursuit of a purported drug dealer into ptf’s house was valid under Santana

The police approached a young man on the street in an area known for drug trade to talk to him. He “turned on his heels” and fled, with the police in pursuit, right to plaintiffs’ house, past one plaintiff out … Continue reading

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W.D.Ky.: Lack of detail in a report on a knock-and-talk didn’t amount to a material omission for Franks purposes

A Franks challenge requires affidavits or other sworn testimony as an offer of proof. Franks, 438 U.S. at 171. Defendant doesn’t provide any. On the merits of the search and seizure claim, it started with a knock-and-talk, and they are … Continue reading

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VA: “You can’t do that. You can’t search my car.” not per se violation of 4A and it’s admissible to show possession [by the only person in possession]

There is no per se rule that “You can’t do that. You can’t search my car.” was a violation of the Fourth Amendment. Under traditional 403 probative value v. prejudice balancing, the trial court did not err in admitting it … Continue reading

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