Daily Archives: July 7, 2018

NH: CP search warrant for defendant’s phone and laptop completely lacked PC

Defendant was found asleep in his car in a Walmart parking lot with his pants down after having apparently masturbated to adult porn images on his computer or phone. The discussion with the officers gave no reason to believe defendant … Continue reading

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LA5: Knock-and-talk cannot be used to create exigency

Officers came to defendant’s house because a couple of drug suspects had visited him. The officers’ knock-and-talk didn’t gain them entry into the house, and a knock-and-talk can’t be used to create exigent circumstances. A protective sweep was unjustified because … Continue reading

Posted in Emergency / exigency, Independent source, Knock and talk | Comments Off on LA5: Knock-and-talk cannot be used to create exigency

S.D.N.Y.: Realtime cell phone tracking SW issued with PC

The USPS developed probable cause that defendant was shipping drugs by mail with his own mini mailing service, creating his own mailing labels and having acquired plenty of USPS envelopes and postage to do it. When another suspicious package came … Continue reading

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KS: Guest standing doesn’t require overnight stays to be substantial enough

To have standing to challenge a home search, a guest must show a degree of acceptance into the household or an ongoing and meaningful connection to the host’s residence so that the guest has a reasonable expectation of privacy in … Continue reading

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D.Ore.: Even if ptf’s 4A violated in stop at Portland airport, exclusionary rule doesn’t apply in § 1983 case

“First, even assuming that Flinn had no lawful basis to stop and talk to Plaintiff in the first place, Plaintiff’s argument is not viable in a § 1983 claim. In a 2016 Ninth Circuit case, the court noted that the … Continue reading

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CA9: PC is a close question, and that’s good enough for GFE

“In this case, it is a close question whether the warrant was supported by probable cause. Although a close call, we need not resolve this issue because even if the warrant lacked probable cause, the good faith exception to the … Continue reading

Posted in Franks doctrine, Good faith exception, Probable cause | Comments Off on CA9: PC is a close question, and that’s good enough for GFE