Monthly Archives: July 2018

D.Utah: Officers had no objective information supporting exigency for entry

The officers had no objective information that even suggested that a protective sweep was required here, and the warrantless entry into the home was unreasonable. Moreover, the claimed consent wasn’t voluntary. United States v. Lawley, 2018 U.S. Dist. LEXIS 125920 … Continue reading

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FL2: Car outside motel room can’t be searched under SW for room; it’s not “curtilage”

Police surveilled three motel rooms for drug activity, and finally they procured a search warrant for the three rooms. They also searched the cars associated with those rooms under the theory the cars were within the curtilage of the motel … Continue reading

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D.N.M.: GFE applies to CA10’s Ackerman that NCMEC is not a private searcher

In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant’s search was 2012, and the court applies the good faith exception. At … Continue reading

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N.D.Ga.: Pre-Carpenter CSLI obtained without search warrant is admissible under GFE

Pre-Carpenter CSLI obtained without search warrant is admissible under Davis good faith exception. United States v. Hearst, 2018 U.S. Dist. LEXIS 126005 (N.D. Ga. July 3, 2018), adopted 2018 U.S. Dist. LEXIS 125791 (N.D. Ga. July 27, 2018). The search … Continue reading

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KS: Pleading facts doesn’t plead specific 4A claims; this specific claim is waived for lack of development below

Defendant’s argument in the district court was that the package was subjected to detention without reasonable suspicion, and he did not argue that the package was detained too long. His statement of facts isn’t enough for the court to have … Continue reading

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NY2: Defense counsel not ineffective for not challenging cell phone search that apparently would lose

“Counsel’s failure to challenge the [cell phone] search warrant can be explained as a legitimate trial strategy because the application for the warrant was supported by probable cause, and the warrant was not unconstitutionally overbroad, despite a technical defect on … Continue reading

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FL4: Parkland school shooting videos obtained by SW subject to state FOIA

After the Parkland FL school shooting, police got a search warrant for all the school video. The news media then made a public records request for it all, which the court found reasonable. “The evidence presented by the Media establishes … Continue reading

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Forward: Justice Brandeis Was Right About Technology — 90 Years Before The Courts

Forward: Justice Brandeis Was Right About Technology — 90 Years Before The Courts by Joshua Z. Rokach:

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ND: No PC for shipped package, but there was for def’s house

Police lacked probable cause for the search warrant for a package defendant was shipping just because they suspected it contained cash for drugs. There were suspicions because of volunteered explanations when he was shipping it, but no probable cause and … Continue reading

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NE: State dropping count CI was witness in keeps identity under wraps; can’t show materiality to other counts

The CI was used to get the search warrant for drugs in defendant’s house. During the search, the CI said there would be a gun, and officers found it. Later, the state chose not to pursue the drug charge but … Continue reading

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CA9: Virtual knowing Franks violation leads to suppression of immigration search before BIA

Petitioner established that the warrant for employment records sought by the Maricopa County Sheriff’s Office was based on knowingly material omissions and thus qualified as an egregious violation of the Fourth Amendment for an immigration proceeding. Frimmel Mgmt. v. United … Continue reading

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WaPo: ‘The Watch’ Blog: Mississippi cops went to the wrong house and killed an innocent man. A grand jury just refused to indict them.

WaPo: ‘The Watch’ Blog: Mississippi cops went to the wrong house and killed an innocent man. A grand jury just refused to indict them. by Radley Balko: After just over a year, we finally have some news about the death … Continue reading

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CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading

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CA4: Def in rental car preserved standing issue; remanded for application of Byrd

Defendant was in a rental car, and he moved to suppress. He was denied standing under existing case law, but that was abrogated in Byrd. SCOTUS GVR’ed. Remanded for application of Byrd and whatever else. United States v. Houston, 2018 … Continue reading

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CO: Person arrested at MJ grow but not charged can get his seized property back

An uncharged person originally arrested at an alleged illegal marijuana grow has standing to recover his own property seized from him. Boudette v. State, 2018 COA 109, 2018 Colo. App. LEXIS 1036 (July 26, 2018). Defendant’s bicycle rack on the … Continue reading

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N.D.Iowa: Reasonable mistaken identity justified stop

Defendant’s stop was based on reasonable suspicion he was in the country illegally, but it was a case of mistaken identity. “Defendant was observed emerging from the vicinity of the target’s residence. Defendant closely resembled the target. Any discrepancy between … Continue reading

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