Daily Archives: December 10, 2017

Politico: Court filing highlights breadth of Mueller’s investigation into Manafort

Politico: Court filing highlights breadth of Mueller’s investigation into Manafort by Josh Gerstein:

Posted in Computer searches | Comments Off

PA: Even if HIPAA violated (it wasn’t), there’s no exclusionary remedy

Defendant’s medical records from the state he was extradited from were not unlawfully obtained under HIPAA or the Uniform Act for Obtaining Witnesses from Without State. A “subpoena” under the act includes subpoenas duces tecum. Moreover, even if HIPAA had … Continue reading

Posted in Exclusionary rule, Subpoenas / Nat'l Security Letters | Comments Off

NV: Illegally recorded conversation by recorder in child’s backpack can be used by expert in child custody proceeding

In this child custody case, the father put a recording device in the child’s backpack to record the child’s interactions with the mother. While the recording violated state law, the trial court did not abuse its discretion in permitting an … Continue reading

Posted in Exclusionary rule, Motion to suppress | Comments Off

W.D.Mo.: During the knock-and-talk def was not “in custody” for Miranda purposes

During the knock-and-talk at defendant’s apartment, he was not “in custody” for Miranda purposes, and his statements could be used against him. United States v. Butler, 2017 U.S. Dist. LEXIS 201765 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. … Continue reading

Posted in Knock and talk, Probable cause | Comments Off

D.Nev.: Def’s losing an SD card with CP on it wasn’t abandonment; but he loses because there was PC for SW

Defendant claimed he lost an SD card, and it ended up stuck to his girlfriend’s leg, and she discovered it when she wasn’t around him. He didn’t abandon it, so he had standing. The girlfriend put the SD card in … Continue reading

Posted in Abandonment, Reasonable suspicion | Comments Off

D.N.H.: Long driveway was not curtilage; that was marked by the gate nearer the house

Defendant had a long driveway, and officers drove up the driveway. It was not part of the curtilage. A gate at the end, however, did mark the curtilage. After that, consent to enter was granted. United States v. Smith, 2017 … Continue reading

Posted in Consent, Curtilage | Comments Off

D.Neb.: Citizen’s complaint of trespassing with a vehicle days earlier was RS for a stop

Citizen complaint defendant’s vehicle was trespassing was a valid basis for a stop a few days later. United States v. Arredondo, 2017 U.S. Dist. LEXIS 199737 (D. Neb. Nov. 18, 2017),* adopted, 2017 U.S. Dist. LEXIS 199357 (D. Neb. Dec. … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Md.: Nexus shown by def’s car driven to drug deal was registered at his house and he left there to do the deal

Defendant was alleged to have left the address his car was registered at to go to a controlled buy. That showed nexus to the house. United States v. Goldsberry, 2017 U.S. Dist. LEXIS 199446 (D. Md. Dec. 4, 2017). Defendant … Continue reading

Posted in Informant hearsay, Nexus | Comments Off