Daily Archives: November 12, 2017

MA: Trial judge’s omission of significant facts made finding of no exigency error

The trial judge’s finding that there were no exigent circumstances is reversed. Her findings of fact omitted serious facts in support of exigency, and thus was clearly erroneous. Commonwealth v. Arias, 2017 Mass. App. LEXIS 148 (Nov. 9, 2017):

Posted in Emergency / exigency, Standards of review | Comments Off

Politico: Texas killings may aid Rosenstein’s crusade on encryption

Politico: Texas killings may aid Rosenstein’s crusade on encryption by Eric Geller:

Posted in Cell phones | Comments Off

LA5: Five armed robberies in a month was exigency for ping order; GFE applied, too

Police developed defendant as a suspect in a string of five armed robberies in a month, and they sought and obtained an exigent circumstances cell phone ping order of defendant’s phone. His argument is that there were no exigent circumstances … Continue reading

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

IA: Dad can’t raise son’s rights when son was arrested and gave dad up as his source of drugs

Defendant’s juvenile son was selling from his dad’s stash. After the son’s arrest, he gave up his source. Defendant can’t raise violations of his son’s Fourth and Fifth Amendment or statutory rights as a juvenile to challenge the probable cause … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Burden of proof, Standing | Comments Off

W.D.Mo.: Misreading a “hot sheet” for stop of a car was objectively reasonable mistake

Police had a “hot sheet,” a list of stolen cars from a car dealership, and were on the look out. “In this case, Officer Palmer believed that the red Dodge Challenger had been stolen from the dealership in Excelsior Springs, … Continue reading

Posted in Inevitable discovery, Reasonableness | Comments Off