Daily Archives: November 16, 2017

D.N.M.: Officers did not have reason to believe defendant was the person named in his arrest warrant when they detained him; arrest suppressed

The US Marshals did not have a reasonable articulable basis that defendant was the person named in their arrest warrant at the time they detained him on it, and the product of the arrest is suppressed. United States v. Morales, … Continue reading

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LA: Search incident can occur before formal arrest

The trial court denied the motion to suppress and the court of appeals reversed. When defendant’s name came back as having a warrant, the fact the search occurred before the formal arrest doesn’t matter. State v. Owens, 2017 La. LEXIS … Continue reading

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TX4 seemingly applies wrong standard of review to RS

Defendant wasn’t seized just because he and an officer were conversing. On the totality, the trial court reasonably concluded that the officer had reasonable suspicion to continue it and ask for consent to search defendant’s wallet. [The court says, however: … Continue reading

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TN: Def had no standing in wife’s journal

Defendant’s wife’s journal was found by her son and delivered to the police, and it mentioned defendant’s sex crimes against their daughter. He had no standing to challenge the seizure, and it was a private seizure at that. State v. … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

Reason: The Senate Intelligence Committee Really Wants to Secretly Snoop on Americans

Reason: The Senate Intelligence Committee Really Wants to Secretly Snoop on Americans by Scott Shackford: Every attempt to restrain and reform unwarranted domestic surveillance batted away.

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PA: Riley doesn’t apply to parole searches of cell phones

Riley doesn’t apply to parole searches of cell phones. Commonwealth v. Murray, 2017 PA Super 363, 2017 Pa. Super. LEXIS 928 (Nov. 15, 2017):

Posted in Cell phones, Probation / Parole search | Comments Off