Daily Archives: April 13, 2018

S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

Defendants have no standing to challenge the seizure of CSLI on telephone numbers they don’t complain are theirs. United States v. Pizarro, 2018 U.S. Dist. LEXIS 60539 (S.D. N.Y. Apr. 10, 2018).* Police seizure of an SD card was by … Continue reading

Posted in Cell site location information, Independent source, Standing | Comments Off on S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

W.D.N.C.: 2255 is not the place to first litigate a suppression motion

2255 petitioner can’t raise his search and seizure claim via post-conviction relief where there was no effort to pursue the issue in the case on the merits. Even if he could, he’d lose on the merits of the search because … Continue reading

Posted in Automobile exception, Plain view, feel, smell | Comments Off on W.D.N.C.: 2255 is not the place to first litigate a suppression motion

W.D.Ky.: SW particularity and the scope of search that occurred are separate “arguments [that] must not be confused”

The search warrant was particular, and the search was not overbroad, confined within the scope of the warrant. They are separate “arguments [that] must not be confused.” United States v. Aley, 2018 U.S. Dist. LEXIS 59527 (W.D. Ky. Apr. 9, … Continue reading

Posted in Overbreadth, Overseizure | Comments Off on W.D.Ky.: SW particularity and the scope of search that occurred are separate “arguments [that] must not be confused”