Daily Archives: June 13, 2018

SC: Of course def didn’t intend to leave his cell phone at the scene of a burglary, but he did, and that’s still abandonment

Defendant lost his cell phone at the scene of a burglary. The court grants the fundamental premise that a cell phone has the “privacies of life,” but his unintentional abandonment of the phone doesn’t preclude the government from searching it … Continue reading

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CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

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NE: A pre-Birchfield warrantless blood draw would not be excluded under GFE

A blood draw that predated Birchfield was valid under the good faith exception. “Because the good faith exception applies, the district court erred in reversing Hatfield’s conviction.” State v. Hatfield, 300 Neb. 152 (June 8, 2018). Two controlled buys by … Continue reading

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S.D.Ill.: SW affidavit doesn’t have to be labeled one to be one

A search warrant affidavit doesn’t have to be headed “affidavit” to be one, and the attachments are considered sworn to if referred to in the body. The affidavit’s typo of having the 16th as the date of the offense when … Continue reading

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E.D.Ky.: Omission of exculpatory information is far less likely to be a Franks issue

Omission of exculpatory information is far less likely to be a Franks issue because (1) it doesn’t often matter and (2) it would lead to endless forays into what is exculpatory. Defendant fails to make a Franks preliminary showing. United … Continue reading

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N.D.Ga.: Declining to interact with an officer is not RS

Defendant’s declining to interact with the officer and trying to avoid him is not reasonable suspicion because people have a right to do that. United States v. Brown, 2018 U.S. Dist. LEXIS 97602 (N.D. Ga. May 10, 2018). Defendant abandoned … Continue reading

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