Daily Archives: December 15, 2017

Bill of Rights Day — 226 years ago today the Bill of Rights was ratified

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CA8: After exigency for entry abated, police had consent from def’s wife to remain on premises

Exigency supported the police entry into defendant’s home because of concern for safety of the children and a domestic dispute. After the entry and the abatement of the exigency, defendant’s wife consented to the officers staying in the house. United … Continue reading

Posted in Consent, Emergency / exigency, Ineffective assistance | Comments Off

CA1: SW affidavit’s misstatements were careless at worst and not material to finding of PC

Defendant did not make the required showing that the search warrant affidavit misstatement that a black Volvo with the key license plate number was seen in the area of the fifth robbery was made intentionally rather than merely out of … Continue reading

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D.Neb.: Consent derived from smartphone app Spanish translation was voluntary on totality

Defendant was riding a Greyhound bus from Denver to Indianapolis, and it had a bus change in Omaha. Luggage was pulled off the bus, and an interdiction officer noticed the new bag with defendant’s name on it. He also detected … Continue reading

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IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

Posted in Consent, Inventory, Pretext, Probable cause | Comments Off

MO: Where 2 SWs authorize search, both have to be suppressed for def to prevail; challenging only one is moot

There were two search warrants authorizing the search of defendant’s computers for child pornography. He challenged the second but not the first, and that makes his argument moot. State v. Cato, 2017 Mo. App. LEXIS 1298 (Dec. 12, 2017). A … Continue reading

Posted in Burden of proof, Computer searches, Standards of review | Comments Off