Daily Archives: December 18, 2017

D.Ore.: Court denies stay of execution of computer SW because of lack of proof of irreparable harm

A USMJ issued a search warrant for defendant’s computer and hard drive that had not yet been searched. The USDJ declines to issue a stay to stop the ongoing search because the defense cannot show a likelihood of irreparable harm … Continue reading

Posted in Computer searches, Warrant execution | Comments Off

Today is the 50th anniversary of Katz and the “reasonable expectation of privacy” standard

Fifty years ago today, SCOTUS decided Katz v. United States, 389 U.S. 347 (1967), which was the genesis of the reasonable expectation of privacy standard. LAPD vice officers investigating Katz as a college basketball bookmaker noticed he regularly used a … Continue reading

Posted in Reasonable expectation of privacy, Third Party Doctrine | Comments Off

CA10: Catch-all phrase with “not limited to” in SW makes it overly general and no GFE

In an unpublished opinion (that will at least be in Federal Appendix), the Tenth Circuit holds that the use of a “catch-all” phrase and “not limited to” in a search warrant made it incurably overbroad. The court also held that … Continue reading

Posted in Good faith exception, Overbreadth, Particularity | Comments Off

E.D.Va.: Circuit authority doesn’t require SW for CSLI, so there’s no point in waiting for Carpenter

CSLI without a search warrant is permitted under the law of this circuit, so there’s no point in waiting for Carpenter to be decided. [Without explicitly saying it, Davis good faith exception will apply.] United States v. Simmons, 2017 U.S. … Continue reading

Posted in Burden of proof, Cell site location information, Good faith exception | Comments Off

CA9: Failure to argue curtilage was violated in district court barred argument on appeal

Viewing photographs of the scene, the district court could conclude that the officers could see defendant with methamphetamine in his garage. “Tran did not argue below that the officers unlawfully entered the curtilage of Chong’s home and therefore waived this … Continue reading

Posted in Burden of pleading, Burden of proof, Curtilage, Emergency / exigency | Comments Off

TX10: Walking away from a traffic stop is the crime of evading detention

For the purposes of the evading arrest or detention statute, defendant fled when he got out of the car and walked away from a lawful detention and did not stop when commanded by officers until he was about 40 feet … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

E.D.Wis.: Furtive movement toward car during stop justified protective frisk of car

Defendant’s furtive movements toward his car and his agitated state justified a protective frisk of the car. United States v. Vaccaro, 2017 U.S. Dist. LEXIS 205804 (E.D. Wis. Sept. 18, 2017), adopted, 2017 U.S. Dist. LEXIS 204625 (E.D. Wis. Dec. … Continue reading

Posted in Ineffective assistance, Protective sweep, Reasonable suspicion | Comments Off