Daily Archives: July 8, 2018

N.D.Cal.: Cell-site simulator requires SW; state law doesn’t permit federal officers to execute state SW

(1) The government’s disclaiming a critical fact in the affidavit for search warrant undermines the probable cause vitiating the warrant. (2) “Use of a cell-site simulator requires a warrant. See United States v. Ellis, 270 F. Supp. 3d 1134, 1141-46 … Continue reading

Posted in Stingray / Hailstorm, Warrant execution | Comments Off on N.D.Cal.: Cell-site simulator requires SW; state law doesn’t permit federal officers to execute state SW

D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial

Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018). Defendant was granted … Continue reading

Posted in Exclusionary rule, Suppression hearings | Comments Off on D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial

WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed

Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off on WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed