Daily Archives: May 3, 2018

IN: Thermal imaging SW was based on PC, then SW for house was, too

The police obtained a thermal imaging warrant, and it was based on probable cause, information from a CI that was corroborated. That led to a search warrant for the premises, and it was also based on collective knowledge of the … Continue reading

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MO: Recording def’s conversation with attorney in police station interview room violated 6A and privilege; mandamus granted against unsealing

Defendant’s attorney met him at the police station to confer, and they put them in an interview room which recorded their meeting. The trial court appointed a special master to review it. The recording violated defendant’s attorney-client privilege and right … Continue reading

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CA4: Firearms are usually kept at home, and nexus was shown

The only inference that can be drawn from the affidavit is that there was a firearm in defendant’s house, and this satisfied the nexus requirement. Firearms are usually kept in the home. Because the affidavit showed probable cause, the good … Continue reading

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NJ: Public defender must be served with forfeiture to enable adequate defense of criminal case

While the state did not act with malice or intentionally, it violates fundamental fairness to not serve defendant’s public defender with a courtesy copy of a forfeiture complaint so the PD can advise to stay the forfeiture so defendant doesn’t … Continue reading

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NC: Affidavit’s complete failure to show nexus required suppression

The affidavit for the search warrant completely failed to link defendant to the place to be searched, and the trial court erred in not suppressing the search. State v. Lewis, 2018 N.C. App. LEXIS 442 (May 1, 2018):

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VA: Challenge to protective sweep is not a PC challenge, so PC challenged waived for appeal

Defendant’s search challenge was to a protective sweep, but not to the probable cause for the search warrant. That was a waiver of the probable cause issue. Commonwealth v. Smith, 2018 Va. App. LEXIS 115 (May 1, 2018); Commonwealth v. … Continue reading

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