Daily Archives: December 25, 2017

OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing was part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading

Posted in Dog sniff, Plain view, feel, smell | Comments Off

NY3: Call about attempted suicide led to def’s girlfriend’s consent which included reading the suicide note which admitted to repeated rape and murder

Defendant’s girlfriend called the police because he’d threatened suicide in a phone call, and she consented to a search of their house. In the house the police found a notebook with a suicide note inside, and it was properly seized … Continue reading

Posted in Consent, Suppression hearings | Comments Off

MD: Third person added to a jail call after the warning of recording didn’t violate state wiretap law

Adding a third person to a jail call after the initial recording was played saying that calls were recorded was not a wilful interception of that person’s call under the state wiretap act. The only other state to deal with … Continue reading

Posted in Cell phones, Reasonable expectation of privacy | Comments Off

IN: Officers jumping over a locked gate to investigate a noise complaint was unreasonable under Indiana Constitution

Defendant was at a conservation club he was a member of, and, during a party at the club, members were shooting at a pizza box made into a target. Because it was a weeknight and late, a neighbor was disturbed … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, State constitution | Comments Off

NYLJ: ‘Carpenter’ and ‘Weaver’: Strange Bedfellows?

NYLJ: ‘Carpenter’ and ‘Weaver’: Strange Bedfellows? Cyber Crime columnist Peter A. Crusco analyzes the issues raised in ‘Carpenter’ and compares them with those in ‘Weaver’ to shed new light on this evolving and often confusing area of privacy, third-party digital … Continue reading

Posted in Cell site location information | Comments Off

CA9: RS here didn’t dissipate during the stop when def got out of car and all kinds of identity theft stuff fell out of his lap

Defendant’s claim that reasonable suspicion for his continued detention would have dissipated is rejected. Defendant was driving a car where the front plate didn’t match the rear plate, and that strongly suggests it was a stolen car, and stolen cars … Continue reading

Posted in Reasonable suspicion | Comments Off

PA: Nexus not shown for house, and no GFE under state law: def arrested blocks from home with firearm, and that doesn’t mean more at home

Defendant shot at a cop and committed other felonies. He was sentenced to 66-132 years. He was arrested as a prohibited person with a firearm blocks from his home. The state showed no nexus to the house for other evidence … Continue reading

Posted in Good faith exception, Nexus, State constitution | Comments Off