Daily Archives: June 26, 2018

PA: Victim was robbed of his iPhone and police tracked it to def by “Find My iPhone” app

The victim here was robbed of his iPhone and backpack, and it happened under a streetlight so he got a good look at the perpetrators. The victim told the officer his cell phone number, and the officer tracked it with … Continue reading

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E.D.Tenn.: IAC claim has to allege facts and law that the unfiled motion to suppress would have been granted

Defendant claims in his 2255 that defense counsel was ineffective for not filing a motion to suppress a search but does not even allege the grounds for it or that he would have had standing, and it appears he didn’t. … Continue reading

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KS: A field sobriety test is not a search.

A field sobriety test is not a search. Even if it was, this was shown to be by consent. City of Leawood v. Puccinelli, 2018 Kan. App. LEXIS 35 (June 22, 2018). This heading in the too long opinion explains … Continue reading

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CA2: If excising the tainted information from the affidavit still leaves PC, the search stands

“When an application for a search warrant includes both tainted and untainted evidence, ‘the warrant may be upheld if the untainted evidence, standing alone, establishes probable cause.’” Excising the challenged information here still yields probable cause on the totality. United … Continue reading

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GA: SW obviates need to follow the hearing provisions of the Georgia Animal Protection Act which has provision for impoundment and return of animals seized under the Act

The Georgia Animal Protection Act has provision for impoundment and return of animals seized by the state. When a search warrant is used, as here, that provision doesn’t apply. Bramblett v. Habersham County, 2018 Ga. App. LEXIS 399 (June 21, … Continue reading

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D.D.C.: BOP employee had no REP in BOP owned work cell phone even though personal information was on it

BOP IG issued an administrative subpoena for respondent to produce her BOP owned cell phone, and she refused claiming a reasonable expectation of privacy in it. First, the standard of review is narrow and limited, and the subpoena is enforceable. … Continue reading

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The Virginian-Pilot: She spent 3 months in jail despite a Norfolk police video proving her innocence

The Virginian-Pilot: She spent 3 months in jail despite a Norfolk police video proving her innocence by Scott Daugherty She was allegedly in a video selling drugs. Only she wasn’t. They didn’t look for 114 days.

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