Daily Archives: November 11, 2017

NY4: Officers rearranged things to photograph them during a consent entry and plain view didn’t vitiate the PC

Defendant’s wife called 911 to report a possible burglary, and police were invited in. In the house they did a protective sweep, and they saw likely evidence of dogfighting: a caged injured dog, a treadmill modified for dogs “and apparent … Continue reading

Posted in Consent, Plain view, feel, smell | Comments Off

D.N.M.: There was at least circumstantial evidence defs’ DNA would be found in evidence to justify SW for it

There was sufficient probable cause defendants were involved in a robbery and could be linked to evidence in the case for DNA samples to be taken from them by search warrants. “Although the Search Warrant lacks direct evidence that the … Continue reading

Posted in § 1983 / Bivens, DNA, Probable cause | Comments Off

D.Haw.: Using three people to mask defendant’s alleged ownership of a package was a lack of standing in the package

“Here, Defendant Notyce was neither the sender nor the addressee of the package. The parcel was not addressed to him or a physical location associated with him. Defendant Notyce did not retrieve the parcel from the post office box or … Continue reading

Posted in Mail and packages, Standing | Comments Off