Daily Archives: April 29, 2018

AL: There is no REP in a LPN on a vehicle

There is no reasonable expectation of privacy in a license plate, and the Fourth Amendment doesn’t prohibit running the tags for any reason. State v. Abrams, 2018 Ala. Crim. App. LEXIS 24 (Apr. 27, 2018). The government obtained internet routing … Continue reading

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NY4: Def’s actions supported PC for a body SW

Officers executing a search warrant saw defendant acting like he had something hidden in the back of his pants. Defendant’s squirming and clenching his butt strongly suggested to the officer that he had drugs hidden in his rectum. The search … Continue reading

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PA: “Reason to believe” in Payton and Steagald means probable cause

“Reason to believe” in Payton and Steagald means probable cause. It cannot constitutionally be less and be faithful to the protection of the home from unreasonable invasions. This case includes a thorough discussion of both cases and their constitutional requirements. … Continue reading

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W.D.Va.: Use of a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for CP doesn’t violate 4A

The government used a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for child pornography. Use of § 1509 didn’t violate the Fourth Amendment, and there’s no exclusionary rule for violation anyway. Defendant’s claim that the … Continue reading

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E.D.Mich.: No PC for nexus to def’s house, and no GFE

The affidavit failed to show probable cause for nexus to defendant’s house. It was so devoid of probable cause that the good faith exception does not apply. United States v. Myles, 2018 U.S. Dist. LEXIS 69373 (E.D. Mich. Apr. 25, … Continue reading

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E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery

Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading

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