Daily Archives: December 9, 2017

A.F.Ct.Crim.App.: Giving out Facebook ID and password over recorded jail call to get password changed was waiver of REP in Facebook page

Defendant told someone in a recorded jail call that he knew was being recorded his Facebook ID and password so it could be changed. That was a waiver of his reasonable expectation of privacy in the information on his Facebook … Continue reading

Posted in Computer searches, Reasonable expectation of privacy | Comments Off

N.D.Cal.: Court reviews FISA materials in camera and concludes PC exists and the defense doesn’t get to see it

Defendant was indicted for attempting to provide material support to a terrorist organization, and the government notified the defense that it also had FISA-gathered information. The court concludes that there was probable cause and the defense doesn’t get t see … Continue reading

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CA6: Turning off dashcam when drug dog arrived “concerning” but not fatal to the dog sniff

CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading

Posted in Cell site location information, Dog sniff | Comments Off

IL: When lack of PC for arrest is raised, the state can rely on hearsay to establish it

When the defendant challenges probable cause for arrest, hearsay is admissible to show it. People v. Horine, 2017 IL App (4th) 170128, 2017 Ill. App. LEXIS 743 (Dec. 5, 2017):

Posted in Arrest or entry on arrest, Burden of proof, Probable cause | Comments Off

E.D.La.: Drive-by shooting led to emergency ping order which led to valid protective sweep

“Defendant lacks standing to challenge the sweep of Ms. Wells’ home. At best, Defendant was a frequent visitor to the home where he babysat children and worked on cars in the yard. Those limited connections to the home are insufficient … Continue reading

Posted in Cell site location information, Emergency / exigency, Protective sweep | Comments Off

ID: Court-approved receiver acting on behalf of a creditor is not a state actor for 4A purposes

A court-approved receiver acting on behalf of a creditor is not a state actor for Fourth Amendment purposes. Wechsler v. Wechsler, 2017 Ida. LEXIS 332 (Dec. 6, 2017):

Posted in Private search, Search | Comments Off

LA: Automatic denial of pro se motion to suppress filed by represented defendant was error; counsel needs to review

Trial court erred in denying defendant’s pro se motion to suppress solely because he was represented by counsel. At least as a matter of state law, it’s up to defense counsel to assess the motion and decide what to do … Continue reading

Posted in Motion to suppress | Comments Off

CA2: In a § 1983 case alleging lack of PC from omission of information to issuing magistrate, it’s ptf’s burden

In this § 1983 case there was probable cause for issuance of an animal abuse warrant. To argue the probable cause was tainted by omission of information, plaintiff carries the burden, and here she failed. Kanciper v. Lato, 2017 U.S. … Continue reading

Posted in § 1983 / Bivens, Burden of proof, Franks doctrine | Comments Off

CA10: 4A claim (not IAC) can’t be raised in habeas [this still comes up? Yes, because pro se inmates don't know]

Petitioner’s habeas case was based on his alleged illegal arrest and search. Dismissed under Stone v. Powell. Keys v. Faulk, 2017 U.S. App. LEXIS 24509 (10th Cir. Dec. 5, 2017). Throwing a lit cigarette from a car which hit police … Continue reading

Posted in Exclusionary rule | Comments Off

D.S.D.: Issuing magistrate wasn’t a “rubber stamp” for the police by failing to question affiant where PC otherwise shown

The fact the issuing magistrate didn’t question the tribal officer to supplement the affidavit doesn’t make the magistrate a “rubber stamp” for the police conclusion. The affidavit showed probable cause and it was not unreasonable to rely on it. Defendant … Continue reading

Posted in Neutral and detached magistrate | Comments Off