Daily Archives: October 13, 2018

KS: Pushing a button on a cell phone to light up screen was not a plain view; suppression affirmed

Defendant was involved in a fatal car accident, and the officer at the scene allegedly saw the screen of the cell phone in plain view showing texting at the time of the accident. While two U.S. District Court cases support … Continue reading

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TN: Def wasn’t seized when officer parked next to him to talk, but he was when he tried to leave and was told to stop; all reasonable

Stopping next to defendant’s car to talk to him wasn’t a seizure. When defendant moved and attempted to leave, the officer told him to stop, and that was a seizure. The encounter was based on an anonymous caller’s information, and … Continue reading

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D.Ariz.: Affidavit for SW showed fair probability cell phone was used in crime

“The Court finds there was a fair probability that Defendant was using the cell phone in furtherance of drug trafficking and money laundering and that physical location data for that phone would lead to evidence, fruits, or instrumentalities of those … Continue reading

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DE: The affidavit for SW didn’t support the CI; motion to suppress granted

The affidavit for the search warrant here was based on a CI’s information and claim that he was constantly surveilled, but that wasn’t true because the officer admitted he didn’t see the alleged drug transaction go down. On the surface … Continue reading

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OH8: Home inspections was a reasonable probation condition for 42 housing code violations

Defendant was convicted of 42 counts of housing code violations of a house in constant disrepair since 2002. As a condition of probation, he was ordered to permit home inspections, and this was reasonably related to the offense of conviction. … Continue reading

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Off Topic: MA: Crime lab drug analyist’s misconduct coupled with state’s failure to disclose leads to dismissal of more cases

In the case involving the drug lab chemist’s theft of drugs and false reports, the Massachusetts SJC orders dismissal of other cases not already dismissed by the state for the combined effect of her actions and the state’s failure to … Continue reading

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N.D.W.Va.: SW lacked PC and was not particular: “his search warrant is among the broadest and most general warrants that have been reviewed by” this judge

The search warrant for defendant’s computer was essentially based on a hunch that it contained evidence in a homicide case, but the affidavit fails to state what. In a lengthy analysis, the court finds the computer warrant lacking in probable … Continue reading

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