Monthly Archives: March 2018

AF: Inevitable discovery validated finding CP while looking for text messages with minor

The search authorization was valid for text messages between defendant and a supposed 14-year-old girl. The AFOSI investigator found child pornography in what was thus found to be plain view. Even if, arguendo, the officer was looking for child pornography, … Continue reading

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KY: Deploying drug dog at the beginning of the stop without reasonable suspicion unreasonably prolonged the stop in violation of Rodriguez

Defendant was stopped for not using a turn signal. Deploying the drug dog at the beginning of the stop without reasonable suspicion unreasonably prolonged the stop in violation of Rodriguez. Commonwealth v. Smith, 2018 Ky. LEXIS 128 (Mar. 26, 2018):

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PA: Reasonableness inquiry always required for warrantless blood draw

Trial court failed to make a reasonableness inquiry of whether the warrantless search of defendant’s blood was objectively reasonable. Reversed and remanded. Commonwealth v. Trahey, 2018 PA Super 72, 2018 Pa. Super. LEXIS 276 (Mar. 26, 2018):

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TN: Uncorroborated anonymous tip insufficient

The anonymous tip in this case was not corroborated, and it was insufficient even under the Tennessee Supreme Court’s 2017 adoption of Gates and rejection of Aguilar-Spinelli. State v. Dibrell, 2018 Tenn. Crim. App. LEXIS 224 (Mar. 26, 2018). There … Continue reading

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Courthouse News Service: Seventh Circuit Hears Privacy Case Over Smart Meters

Courthouse News Service: Seventh Circuit Hears Privacy Case Over Smart Meters by Lorraine Bailey:

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CA5: Attenuation of statement from arrest found: “Suppression of inculpatory evidence is an extraordinary remedy.”

The Fifth Circuit finds defendant’s statement is attenuated from his arrest. The time factor favors defendant but the rest favors the government. “Finally, the purpose and flagrancy factor favors the Government with respect to both the stop and subsequent search. … Continue reading

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ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes

ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes by Jason Tashea:

Posted in Computer searches, General warrant | Comments Off on ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes

S.D.Fla.: Former lawyer could not sue Disciplinary Counsel in bankruptcy after already losing in another similar case

Plaintiff is a former lawyer who sued the Pennsylvania Office of Disciplinary Counsel alleging Fourth Amendment violations from seizure of his office files. After losing that case, he attempted to relitigate the same issue through bankruptcy court. He is collateral … Continue reading

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WA: SW for everything on a cell phone was overbroad

Defendant was investigated for sexual exploitation of a child, and the police obtained a search warrant for his phone seeking a “physical dump” of the phone, including everything on the phone: “Images, video, documents, text messages, contacts, audio recordings, call … Continue reading

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S.D.Ga.: Seizure of all emails since inception of account shown justified

A warrant seeking emails from the opening of the account was justified by the nature of the probable cause alleged and the time period at issue. Also, even if the officer went too far, the good faith exception would have … Continue reading

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OK: Plain error review of SW fails for lack of a record

Defendant didn’t challenge the search warrant for his DNA in the trial court, so the issue is addressed on plain error. Since the search warrant and affidavit in support aren’t in the record, defendant fails in bringing up a record … Continue reading

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W.D.Va.: SW for defendant’s cell phone for emails was ordered modified to more narrow the search to drug offenses

The search warrant for the defendant’s cell phone for emails was ordered modified to more narrow the search to drug offenses. Defendant also acceded to an order to open his phone with a fingerprint. [Note that this is a contested … Continue reading

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