Daily Archives: November 23, 2018

FL4: Violating statute obtaining CSLI in 2001 suppressed, and no GFE

Police obtained defendant’s CSLI in 2001 by subpoena and without a court order contrary to statute. Defendant argued a search warrant was required. Then Carpenter was decided in 2018 requiring a warrant. The state violated the statute requiring a court … Continue reading

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Three 2255s alleging IAC for no motion to suppress fail

One of defendant’s 2255 claims was that defense counsel was ineffective for not filing a motion to suppress when he doesn’t allege anything about it and he plead guilty. Pullu v. United States, 2018 U.S. Dist. LEXIS 197809 (S.D. Fla. … Continue reading

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E.D.Mich.: No REP in a police interrogation room

Defendant had no expectation of privacy in a police interrogation room that had a camera and microphone hidden in its smoke detector. He was overheard talking to his sister admitting that there was a gun linked to the crime. The … Continue reading

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MD: Phone call recorded on cell phone that was searched not protected by state wiretap act

Defendant recorded a drug transaction on his cell phone. When his phone was seized and then searched during his arrest, the recording was found. It was legitimately seized, and the defendant can’t claim the state wiretap act protected him as … Continue reading

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N.D.Cal.: SW to Skype produced no verifiable information ptf was account user; no PC for a SW based on that information

A search warrant to Skype that produced vague information about its account holder that essentially could have been anyone because there was no verification by Skype was insufficient to show probable cause, and plaintiffs get summary judgment on that question. … Continue reading

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D.N.M.: Parking across def’s driveway wasn’t his seizure when he was hiding under a trailer

The officer parking across defendant’s driveway wasn’t his seizure. Defendant wasn’t seized until he came out from under a trailer. When he was seized, it was with reasonable suspicion. United States v. Shelton, 2018 U.S. Dist. LEXIS 197713 (D. N.M. … Continue reading

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D.Conn.: Use of a partial ruse to get in the door quickly turned to the subject of the investigation; consent was voluntary on totality

Defendant was under investigation for attempting to buy a firearm as a convicted felon in a gun store. The police came to visit him and used the excuse of defendant’s prior assault claim. It was somewhat misleading when they got … Continue reading

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