Daily Archives: February 26, 2018

M.D.Ga.: Defs had standing in borrowed car; no RS because defs’ answers were objectively reasonable

Defendants borrowed a car and had standing in the car because it contained personal records being transported. The stop was unreasonably extended by questions about the trip. The officer found them suspicious, but the court does not. The defendants’ answers … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

W.D.Pa.: SW materials can be considered in determining whether to detain

“When considering same together with the Bond Report, the indictment, and police reports and search warrant documents, the Court alternatively finds that the Government established by clear and convincing evidence that Defendant is a danger to the community. See Perry, … Continue reading

Posted in Probable cause | Comments Off

WaPo: Supreme Court to hear Microsoft case: A question of law and borders

WaPo: Supreme Court to hear Microsoft case: A question of law and borders by Ellen Nakashima:

Posted in E-mail, F.R.Crim.P. 41, SCOTUS | Comments Off

D.Mass.: Overseizure by retention of unresponsive emails seized under SW doesn’t require suppression of all

Defendant contends that the overseizure and retention of emails obtained by warrant that aren’t relevant to the crime under investigation requires suppression of even that which was validly obtained. No court has gone that far. His creative attempt to extend … Continue reading

Posted in E-mail, Overseizure | Comments Off

OR: Def disavowed consent issue in trial court, so he couldn’t argue it on appeal

Defendant disavowed the argument made on appeal in the trial court, and you just can’t do that. “Defendant failed to preserve his argument because he failed to provide the trial court with an objection, let alone ‘an explanation of his … Continue reading

Posted in Burden of pleading, Burden of proof, Informant hearsay | Comments Off