Daily Archives: October 26, 2018

CA6&4: There clearly was PC for the SWs

“The affidavits supporting the searches of Sullivan’s apartment and vehicle overwhelmingly established probable cause to believe that Sullivan committed voyeurism, burglary, and possession of criminal tools.” “The search warrants for Sullivan’s vehicle, apartment, and computer were all sufficiently particular. The … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on CA6&4: There clearly was PC for the SWs

CA10: In a Carpenter remand, court remands to Dist.Ct. instead of applying GFE

This case was GVR’d after Carpenter, and the court remands to the district court to make further findings. United States v. Thompson, 2018 U.S. App. LEXIS 29949 (10th Cir. Oct. 24, 2018). Defense counsel can’t be ineffective for not filing … Continue reading

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AZ: Opaque fence, no trespassing signs, and security cameras might bar entry to curtilage; remanded for more findings

Defendant had an opaque privacy fence and allegedly had no trespassing signs. His mailbox was outside the fence and there were security cameras. The officer passed both to come to the door to knock, and then he could smell marijuana. … Continue reading

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ME: First blood draw was potentially contaminated, so second was valid under exigent circumstances

The state showed by a preponderance of the evidence that there were exigent circumstances for a warrantless blood draw. Natural dissipation of alcohol alone is not an exigency under McNealy. The first blood draw was potentially contaminated, so a second … Continue reading

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CA9: Playpen warrant violated Rule 41(b)(1), but GFE still saved it

A Network Investigative Technique (NIT) warrant (“Playpen” warrant) issued by a magistrate judge in the Eastern District of Virginia exceeded the general territorial scope identified in Fed. R. Crim. P. 41(b)(1) and was thus void ab initio because it authorized … Continue reading

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