Monthly Archives: May 2018

D.Minn.: Merely saying that defendant “will offer evidence” to support his allegations at a Franks hearing isn’t an offer of proof

Merely saying that defendant “will offer evidence” to support his allegations at a Franks hearing isn’t an offer of proof. “Stating an intent to offer evidence in the future does not satisfy McMillan’s immediate burden to justify the need for … Continue reading

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D.Minn.: Def lacked standing to challenge SW to YouTube for search history and videos viewed in terrorism case

Defendant was indicted for providing material support to a terrorist organization and planned to travel to Afghanistan, and there were nine search warrants. She communicated with Afghanistan on digital devices and by a gmail account. The search warrants for all … Continue reading

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NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem?

NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem? By Timothy Williams Armed with advanced gadgets and mapping, officers can get to crime scenes “in time to see the guy still shooting.” But what does it mean for residents’ privacy? … Continue reading

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FL4: State law doesn’t bar officer from getting SW out of jurisdiction

State law does not limit a law enforcement officer from applying for a search warrant outside the officer’s territorial jurisdiction. [Neither does the Fourth Amendment, but it isn’t even cited.] State v. Stouffer, 2018 Fla. App. LEXIS 7274 (Fla. 4th … Continue reading

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D.Mont.: No SW needed for non-tribal officer to enter a reservation

The search here was in a remote area on the Crow Nation. First, officers had exigency because it was cold, raining, and getting dark, and evidence might be lost. Also, defendant was abandoned there by his assault victim, and he … Continue reading

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W.D.N.C.: RS applied to the car def got into despite the fact he wasn’t there when an occupant hid a gun

Officers had reasonable suspicion to conduct a protective weapons search of the car defendant came out of a motel and got into. While watching the car, before defendant was there, officers saw a juvenile hiding a gun under the floor … Continue reading

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S.D.Ga.: Failure to describe a CI as a “paid informant” isn’t material; every CI has a reason for providing information

Failure to describe the CI as a “paid informant” doesn’t undermine his credibility. Every issuing magistrate should know that a CI has some motive for providing information, be it money or leniency. United States v. Mobley, 2018 U.S. Dist. LEXIS … Continue reading

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W.D.Wash.: RS present for protective weapons search of car under Long

There was reasonable suspicion for defendant’s stop, and that included a protective weapons search for a firearm under Michigan v. Long, which produced one. United States v. Caraang, 2018 U.S. Dist. LEXIS 81814 (W.D. Wash. May 15, 2018).* In the … Continue reading

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S.D.Fla.: Consent to giving up passwords at border irrelevant since CBP can search anyway

In a border search case, defendant’s consent to produce his passwords doesn’t matter because the government has the authority to conduct a search of incoming electronic equipment. United States v. Vallerius, 2018 U.S. Dist. LEXIS 85620 (S.D. Fla. May 1, … Continue reading

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OK: Even if protective sweep was pretextual, the case parallels McArthur and there was PC for warrant without it

The trial court held that the protective sweep here was pretextual and suppressed. The court of criminal appeals held that this case was strikingly similar to Illinois v. McArthur. There was valid third party consent to the entry. The information … Continue reading

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AZ: Trial court didn’t make finding on Strickland IAC prejudice for failure to argue curtilage; remanded

Defense counsel deliberatedly didn’t make a claim officers violated curtilage in their initial entry to defendant’s property. The first search warrant application was rejected by one judge. The affidavit was redrafted with additional facts and presented to a second judge … Continue reading

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UT: The fact an electronic warrant application is acted on quickly doesn’t mean reviewing court should be “skeptical” of PC finding

This case started with a cell phone stolen from a customer in a grocery store. The police pinged the phone and it came back as being located at defendant’s house. Police went there to talk to defendant, and he had … Continue reading

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