Daily Archives: June 7, 2018

CA7: “This is a hornbook example of how to waive an argument on appeal.”

“This is a hornbook example of how to waive an argument on appeal.” The search issue presented on appeal was never presented to the trial court. “[P]arties cannot conjure up brand new legal theories on appeal like this. Failing to … Continue reading

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Cal.1: Electronic search condition on juvenile was unreasonable for possession of a knife and rolling papers at school

The electronic search condition on this juvenile for having a knife, rolling papers, and a lighter in school after a school search was unreasonable. The state says its need to prevent him from procuring more marijuana, but the court disagrees. … Continue reading

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NC: 20 month old information wasn’t stale in a counterfeit goods case

The affidavit for search warrant in this counterfeit goods case at defendant’s house had information 20 months old. But, the keeping of the counterfeit goods was an ongoing operation being sold around the area, and the search warrant wasn’t stale. … Continue reading

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NC: “Thursday” in a SW affidavit means the previous Thursday, and the search warrant wasn’t stale when issued

This case started with an anonymous letter about alleged drug sales at defendant’s residence. A trash pull was conducted on “Thursday.” Read in context, that means the previous Thursday, and the search warrant wasn’t stale when issued. State v. Teague, … Continue reading

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NC: Seeing a “pipe” in a house in affidavit for SW doesn’t tell whether it was drug paraphernalia; no PC

The affidavit for the search warrant in this case mentioned that a pipe was seen in defendant’s house. The court of appeals finds that the affidavit doesn’t tell enough to determine whether it was a pipe for use for ingesting … Continue reading

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IL: PC existed ten days after a crime to seek the weapon involved in the crime

There was probable cause for a search warrant for defendant’s house for a firearm involved in a crime ten days after the crime. Firearms are possessions usually kept. People v. Rodriguez, 2018 IL App (1st) 141379-B, 2018 Ill. App. LEXIS … Continue reading

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ND: Search of “squishy” thing in def’s bra wasn’t a search for weapons

The search of defendant after a patdown which included something “squishy” in her bra was unreasonable because it could not be a search for weapons. State v. Broom, 2018 ND 135, 2018 N.D. LEXIS 143 (June 5, 2018):

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D.Ariz.: “A series of legal acts may provide the basis for probable cause of illegal acts.”

The purchase of a chemical that could be used to make a toxic chemical weapon, legal in itself, can be probable cause. “A series of legal acts may provide the basis for probable cause of illegal acts.” United States v. … Continue reading

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