Daily Archives: April 18, 2018

MA: Affidavit established MJ grow was for sale, not personal use

The affidavit for the search warrant established probable cause that defendant’s marijuana grow was for distribution and not for personal medical use. Commonwealth v. Richardson, 2018 Mass. LEXIS 236 (Apr. 17, 2018). The Franks challenge here was over an internet … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off on MA: Affidavit established MJ grow was for sale, not personal use

MO: Warrantless seizure of black box data from semi violated 4A; automobile exception didn’t apply

After an accident, the information off the data recorder on defendant’s semi was seized and then searched by the police without a search warrant. The trial court suppressed, and the state filed an interlocutory appeal. Only three of its six … Continue reading

Posted in Automobile exception, Computer searches | Comments Off on MO: Warrantless seizure of black box data from semi violated 4A; automobile exception didn’t apply

E.D. Mich.: Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.”

Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.” There was nothing near reasonable suspicion or consent. United States v. Smith, 2018 U.S. Dist. LEXIS 62041 (E.D. Mich. Apr. 12, 2018):

Posted in Consent, Suppression hearings | Comments Off on E.D. Mich.: Officers’ (and government’s) assertion of consent is so false it “tarnishes the entirety of the Government’s case.”

E.D.Mich.: Def’s alternative argument as to what SW affidavit showed doesn’t undermine PC

The defendant’s alternative argument about how the child pornography ended up on defendant’s computer didn’t undermine the probable cause for the search warrant. “The Court has already addressed Defendant’s argument that a single connection between a home computer and a … Continue reading

Posted in Informant hearsay, Probable cause | Comments Off on E.D.Mich.: Def’s alternative argument as to what SW affidavit showed doesn’t undermine PC

TN: Argument “the rule” of witness exclusion of Rule 615 at suppression hearing has to be made in trial court

Defendant didn’t preserve for appeal his argument that the suppression hearing court allowed witnesses to sit in the rehearing of the suppression hearing because he didn’t make it to the trial court. At any rate, the transcripts of the hearing … Continue reading

Posted in Franks doctrine, Ineffective assistance, Suppression hearings | Comments Off on TN: Argument “the rule” of witness exclusion of Rule 615 at suppression hearing has to be made in trial court