Daily Archives: December 12, 2017

ME: DEP could enter open fields to inspect composting operation

The state Department of Environmental Protection sought an injunction against the livestock business to get it to stop denying access to the business property for inspection of its composting operation. Because the area to be inspected was open fields, the … Continue reading

Posted in Administrative search, Open fields | Comments Off

MA: Production of password to iPhone doesn’t violate 5A because ownership of iPhone is foregone conclusion

The state via a grand jury request sought the password to defendant’s iPhone. Production of the password would implicate self-incrimination concerns, but, here, it’s a foregone conclusion that it’s his phone and there are no self-incrimination concerns. Civil contempt affirmed … Continue reading

Posted in Cell phones | Comments Off

PA: No REP in CI recorded video in def’s car during drug transaction; also, motion was out of time and should have been denied on that ground alone

Defendant had no reasonable expectation of privacy in his car under the state constitution from a surreptitious silent video recording of a drug transaction. The trial court erred in granting it. Indeed, the filing of the motion to suppress on … Continue reading

Posted in Motion to suppress, Reasonable suspicion, State constitution | Comments Off

D.Nev.: Lack of a front license plate is RS for a stop

The officers here noticed no front license plate, and they turned around and defendant fled. That was reasonable suspicion. United States v. Hodgkin, 2017 U.S. Dist. LEXIS 199936 (D. Nev. May 24, 2017),* adopted, 2017 U.S. Dist. LEXIS 199426 (D. … Continue reading

Posted in Reasonable suspicion | Comments Off

CA5: Def’s girlfriend has actual authority to consent to a search even though she was moving out

“Valenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, …; see also Illinois v. Rodriguez, …. Valenzuela … Continue reading

Posted in Apparent authority, Plain view, feel, smell | Comments Off

OH8: Anonymous call about drug dealing from car led officers to defendants; smell of burning MJ led to valid search of car

The officer received an anonymous call about drug deals being done from a car in a shopping center parking lot. He pulled up to a parked car to check it out and it was occupied and smelled of burning marijuana. … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off