Daily Archives: May 25, 2018

Cal: Victim and witness’s public social media pages subject to subpoena by defense (with a history of the SCA)

Murder defendants sought private and public Facebook pages of the victim and state’s witnesses for their defense. The court of appeals quashed, and the court remands. The public pages shall be produced because they are public by consent. There’s a … Continue reading

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PA: 9 month delay between issuance of SW for content of seized cell phone and actual search wasn’t unreasonable where nothing changed

Defendant’s cell phone was seized by consent and a search warrant was obtained for it. It took nine months for the search to occur. Because nothing changed between the seizure, the warrant, and the search, the ultimate search was not … Continue reading

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N.D.Ohio: Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it

Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it. The warrant says the affiant did. United States v. Oliver, 2018 U.S. Dist. LEXIS 85865 (N.D. Ohio May 22, 2018). … Continue reading

Posted in Consent, Ineffective assistance, Neutral and detached magistrate | Comments Off on N.D.Ohio: Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it