Monthly Archives: June 2018

OH7: State can’t raise alternative argument on appeal not presented to trial court

Defendant’s traffic stop was unreasonable because there was no objective, let alone good faith, basis for the stop. There were conflicting traffic signs at the intersection, but they didn’t apply to appellant in his lane. Also, the state could not … Continue reading

Posted in Probable cause, Standards of review | Comments Off on OH7: State can’t raise alternative argument on appeal not presented to trial court

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy

Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy by Louise Matsakis:

Posted in SCOTUS | Comments Off on Wired: Anthony Kennedy’s Retirement May Have Huge Consequences for Privacy

Slate: What’s Next for the Reasonable Expectation of Privacy?

Slate: What’s Next for the Reasonable Expectation of Privacy? by Mike Godwin: The Supreme Court’s ruling in Carpenter raises new questions.

Posted in Reasonable expectation of privacy, SCOTUS | Comments Off on Slate: What’s Next for the Reasonable Expectation of Privacy?

The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment?

The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment? by TCR Staff:

Posted in SCOTUS | Comments Off on The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment?

Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.

Important article: Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not. by Aziz Huq: Carpenter forces police to get a warrant before getting some cellphone data. But other Fourth Amendment cases … Continue reading

Posted in SCOTUS | Comments Off on Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.

N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up

“Considering these factors and the totality of the circumstances, the Court concludes that Defendant’s consent to search his residence was voluntary. Defendant is a mature adult who served in the Marines and is familiar with law enforcement procedures. While Defendant … Continue reading

Posted in Consent | Comments Off on N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up

CA2: Nonmaterial error of fact in Title III application and SW for house didn’t merit Franks hearing

Nonmaterial error in inclusion of an erroneous fact in a wiretap application and search request for house didn’t require a Franks hearing. United States v. Osborne, 2018 U.S. App. LEXIS 17142 (2d Cir. June 25, 2018).* Defendant’s post-conviction claim defense … Continue reading

Posted in Franks doctrine, Ineffective assistance | Comments Off on CA2: Nonmaterial error of fact in Title III application and SW for house didn’t merit Franks hearing

FL5: Error to deny without a hearing a facially sufficient motion for return of property

Defendant’s motion for return of property was facially sufficient for a hearing, and the circuit court erred in denying it without a hearing. Peterson v. State, 2018 Fla. App. LEXIS 8861 (Fla. 5th DCA June 22, 2018). Defense counsel wasn’t … Continue reading

Posted in Ineffective assistance, Rule 41(g) / Return of property | Comments Off on FL5: Error to deny without a hearing a facially sufficient motion for return of property

M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge

Three armed robberies showed a pattern of activity that allowed a broader period in the application for the warrant, and thus overcame a staleness challenge. The affidavits for search warrant provided a substantial basis for finding probable cause, especially considering … Continue reading

Posted in Apparent authority, Consent, Staleness | Comments Off on M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge

D.S.C.: One innocently driving a stolen vehicle generally doesn’t have standing in it, but he has to show his innocent status

One innocently driving a stolen vehicle generally doesn’t have standing in it. If, however, he innocently buys a stolen vehicle and then he’s stopped in it, it’s his burden to show that he was an innocent purchaser to acquire standing. … Continue reading

Posted in Rule 41(g) / Return of property, Standing | Comments Off on D.S.C.: One innocently driving a stolen vehicle generally doesn’t have standing in it, but he has to show his innocent status

D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found

Once officers were in defendant’s computer with a search warrant looking for drug evidence, they could cursorily look at each file, and, in the process found child pornography. [This is akin to a plain view.] With that, the search stopped, … Continue reading

Posted in Computer searches, Particularity, Scope of search | Comments Off on D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found

CA8: Prior unlawful search of bag on bus was corrected by good faith actions of officer and exclusionary rule wouldn’t be applied

A Tornado bus was stopped in Arkansas, and the Arkansas State Trooper was looking for unmarked bags that could be considered abandoned because unmarked bags on Tornado buses were being used to ferry drugs. While searching the bag, the officer … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off on CA8: Prior unlawful search of bag on bus was corrected by good faith actions of officer and exclusionary rule wouldn’t be applied