Daily Archives: December 28, 2017

CA8: Confrontation clause doesn’t apply to suppression hearings; hearsay commonly used

Defendant was added to a conspiracy case after the codefendants had a suppression hearing. It was at first agreed that their suppression hearing testimony could be considered as to defendant as well, but then defendant equivocated on that. To some … Continue reading

Posted in Motion to suppress | Comments Off

D.Ariz.: Squeezing a leather bag in a frisk and hearing bullets was reasonable

During a frisk, squeezing a leather bag without searching it was reasonable to look for a possible weapon. See United States v. Mattarolo, 209 F.3d 1153, 1158 (9th Cir. 2000). He heard the sound of bullets, and didn’t search further … Continue reading

Posted in Franks doctrine, Stop and frisk | Comments Off

PA: Telling computer repair person to move files to a new hard drive was a waiver of REP

Defendant essentially waived his reasonable expectation of privacy in his computer hard drive when he took it in for repair, was told that the hard drive was failing and he needed a new one, and then directed them to move … Continue reading

Posted in Computer searches, Motion to suppress, Private search, Reasonable expectation of privacy | Comments Off

NY3: Failure to raise scope of consent to search in trial court is waiver

The car defendant back seat passenger was in was stopped for a traffic violation, and there was a furtive movement by the front seat passenger just before the vehicle came to a stop. The driver said they were going to … Continue reading

Posted in Burden of pleading, Burden of proof, Scope of search | Comments Off

S.D.Ind.: SI of duffle bag at feet of handcuffed suspect reasonable when he wouldn’t answer questions about having gun

Search incident of defendant’s duffle bag was reasonable because, while handcuffed, his hands were relatively mobile around his waist and he refused to answer questions about whether he had a gun. United States v. Veach, 2017 U.S. Dist. LEXIS 209971 … Continue reading

Posted in Informant hearsay, Search incident | Comments Off