Daily Archives: December 31, 2017

D.Md.: A SW for cell phone data going to Verizon in FL was within the court’s jurisdiction

Where the crime under investigation is in this district, it doesn’t matter that the search warrant for geolocation data from defendant’s cell phone is located in another district. The government can still get it by search warrant under Rule 41(b) … Continue reading

Posted in Cell site location information, F.R.Crim.P. 41, Warrant execution | Comments Off

CA10: Scope of consent to search has to be raised in the trial court

The issue of scope of a consent search has to be presented to the trial court to be preserved. This wasn’t. United States v. Vargas, 2017 U.S. App. LEXIS 26869 (10th Cir. Dec. 28, 2017). There is no right to … Continue reading

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

M.D.Ala.: Conclusorily pleading a Franks violation isn’t a sufficient offer of proof

Defendant fails in his Franks argument for a failure of an offer of proof. Merely conclusorily stating the issue isn’t enough. There has to be context and how it was knowingly false. United States v. Martin, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Burden of pleading, Franks doctrine | Comments Off

CA10: Smell of MJ authorizes search for MJ, not looking at multiple credit cards

An anonymous caller said defendant was smoking marijuana on his car. This was reasonable suspicion at best. Assuming the smell of marijuana provides probable cause to search, the search was for marijuana, and inspecting credit cards unreasonably expanded the search. … Continue reading

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

ID: Failure to repeat “computer” in SW for things to be seized wasn’t a violation of 4A; CA7 typo in LPN can be overlooked

The preamble of the search warrant listed a bunch of digital things to search for and seize but the specific search clause didn’t include “computer.” The search warrant as a whole included computers, and defense counsel wasn’t ineffective for not … Continue reading

Posted in Burden of pleading, Computer searches, Warrant requirement | Comments Off

KS: PBT is a search subject to 4A

PBT is a search subject to the Fourth Amendment. State v. Robinson, 2017 Kan. App. LEXIS 89 (Dec. 22, 2017):

Posted in Drug or alcohol testing | Comments Off