Daily Archives: May 18, 2018

WV: Search of def on the premises of a place searched by SW was unreasonable without a showing of his nexus; merely being there isn’t nexus

Search of defendant found on the premises of a search of another person’s property was unreasonable because there was no shown nexus to him and the crime under suspicion. Even the occupants of the property weren’t named in the search … Continue reading

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NC: On remand from Grady, realtime satellite based monitoring of a sex offender on release was unreasonable under 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368, 191 L. Ed. 2d 459 (2015), the state failed to prove that continuous realtime satellite based monitoring of defendant was unreasonable. The lack of a warrant requirement without any … Continue reading

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N.D.Tex.: PV of short-barreled rifle and silencer was valid; incriminating nature immediately apparent

The incriminating nature of a short-barreled rifle and a homemade suppressor was immediately apparent for plain view purposes. United States v. Tidrow, 2018 U.S. Dist. LEXIS 81807 (N.D. Tex. May 15, 2018). “Prior to the stop of the vehicle, law … Continue reading

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N.D.Ill.: No constitutional requirement that police car recording equipment be used

“Defendant objects to the magistrate judge’s probable cause determination asserting that ‘defendant believes’ that where a police car is equipped with video recording equipment the officer should be required to use it and that his testimony alone should not be … Continue reading

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