Monthly Archives: September 2018

Hard|OCP: Invite Police Officers into Your Home with Apple Watch’s Auto-911 Feature

Hard|OCP: Invite Police Officers into Your Home with Apple Watch’s Auto-911 Feature: Legal professionals are warning the Apple Watch could open owners up to criminal liability due to a new feature that automatically dials 911 if it senses the wearer … Continue reading

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D.Kan.: All SW needed to prove was that def had a Facebook account, but the police sought the entire contents of the account; suppressed as overbroad

Defendant doesn’t lose standing to contest a Facebook warrant because he’s a sex offender and the Facebook terms of service state that sex offenders can’t have accounts. He had an account, and he had standing. While this court has found … Continue reading

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N.D.Ill.: No IAC for not challenging CSLI without warrant before Carpenter

Defendant didn’t get ineffective assistance of counsel from defense counsel not challenging warrantless CSLI production without a warrant before Carpenter. United States v. Lewisbey, 2018 U.S. Dist. LEXIS 165566 (N.D. Ill. Sep. 27, 2018). Defendant claimed for the first time … Continue reading

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W.D.Ky.: CI’s been buying heroin from def for 3 years, and that’s PC

The named CI’s statement she’d been buying heroin from defendant for three years was probable cause. United States v. Haqq, 2018 U.S. Dist. LEXIS 165936 (W.D. Ky. Sep. 27, 2018).* Probable cause here was based on the CI’s statement and … Continue reading

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E.D.N.Y.: CSLI obtained 7 years before Carpenter was in good faith

Defendant was tried in 2011. He was scheduled to be sentenced in 2018. He filed a motion to reopen the suppression hearing of his CSLI obtained under the SCA because of Carpenter. Denied; good faith exception applies. United States v. … Continue reading

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TX6: Intentionally leaving phone behind to avoid tracking was still abandonment

Defendant claimed that she did not abandon her cell phone; she willingly left it behind so her partner couldn’t track her. Still, the password was known and that’s how the private search occurred which revealed sex acts with children on … Continue reading

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DE: Police corroborated masked juvenile robber’s identity enough to get SW for his place

Defendant juvenile was in a Walgreens with his stepfather, and the sales clerk suspected he’d robbed them two weeks earlier wearing the same clothes. The Walgreens reward number of the father was used to track the address of the juvenile. … Continue reading

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D.Md.: Excessive force faction of 4A does not apply to property damage claims

The excessive force faction of the Fourth Amendment does not apply to property damage claims. Quality Care Daycare Bup, LLC v. Jones, 2018 U.S. Dist. LEXIS 166292 (D. Md. Sep. 27, 2018). [Plead unreasonableness] In a scheme involving fraudulently obtaining … Continue reading

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N.D.Ohio: Parole officers’ clinical reports didn’t have any of the added color at the suppression hearing, so the court doesn’t credit their testimony

“Based upon the totality of the circumstances and the Court’s assessment of the credibility of the parole officers, the Court finds that the [parole authority] lacked reasonable suspicion to search Neff’s cell phone. The results of the search, therefore, must … Continue reading

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E.D.Pa.: Pre-Carpenter CSLI survives with GFE; Riley didn’t foretell Carpenter

Defendant was a suspect in a series of bank robberies, and a court order was obtained for his CSLI in 2016. Defendant’s argument that Riley foretold Carpenter is rejected. It wasn’t enough to forecast a clear outcome. The good faith … Continue reading

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N.D.Okla.: Arrest inside the door permitted protective sweep

The arrest of the codefendant inside house permitted a protective sweep. United States v. Jones, 2018 U.S. Dist. LEXIS 166347 (N.D. Okla. Sep. 27, 2018). “These nine ineffective assistance of counsel claims are properly evaluated under the Strickland standard, meaning … Continue reading

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TX2: A tin can in hand was “associated with the person” for search incident purposes

A tin can in defendant’s hand and dropped as she was handcuffed was “associated with the person” for search incident purposes. Texas recognizes larger items may not be “associated with the person” v. smaller items more easily held. State v. … Continue reading

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IA: No IAC for not challenging evidence obtained in another state where state law was more defense favorable; can’t show outcome would be different

Defendant was arrested in Nebraska, and Iowa authorities sought his DNA there to connect him to an Iowa crime. Nebraska’s standard for obtaining DNA is less demanding. He can’t show on post-conviction that defense counsel was ineffective for not challenging … Continue reading

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W.D.N.Y.: A knock-and-talk can lead to seizure of a computer on exigency

After a few bizarre sexual Aol chat sessions, defendant was seeking communication from minors for sex. The police were informed and did a knock-and-talk, and he admitted the communiques and that the laptop in the room was the one involved. … Continue reading

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AR: Argument that SW was required not subpoena for text messages that came day after admission into evidence was waived

The defense argument that text messages were obtained by subpoena not search warrant was not preserved for review when the defense waited until the next day to object. Even if it had been preserved, the argument wasn’t fully developed, and … Continue reading

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N.D.Ind.: Franks requires attaching affidavit to the motion to suppress

Defendant’s Franks request for an evidentiary hearing without attaching the affidavit for the search warrant is denied without prejudice. The court has nothing to compare. United States v. Carswell, 2018 U.S. Dist. LEXIS 165132 (N.D. Ind. Sep. 26, 2018). The … Continue reading

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