Daily Archives: December 8, 2018

DE: No REP in shared Facebook photos

“Moreover, Harris’ contention that his public Facebook photos were ‘illegally seized’ has no merit.” There is no reasonable expectation of privacy in a shared social media post. Harris v. State, 2018 Del. LEXIS 540 (Dec. 3, 2018). Defendant argued that … Continue reading

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S.D.N.Y.: In a document search, a slight overseizure that the govt declines to use avoids extraordinary remedy of suppression

“In sum, the affidavits set forth detailed information concerning the evidence of insider trading obtained and the connection between the devices and accounts concerned and probable additional evidence. The warrants were particularized and their breadth tied to the evidence relevant … Continue reading

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S.D.N.Y.: Failure to challenge CSLI before Carpenter wasn’t IAC

Defendant’s verdict was the day Carpenter was decided, and his defense lawyer hadn’t challenged the CSLI before that. Defense lawyers don’t have to forecast changes in the law. “ Even following Carpenter, the Second Circuit has declined to suppress cell … Continue reading

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S.D.N.Y.: Protective sweep of small apt loft was valid

A protective sweep of even a small apartment’s loft and closet is valid. Plain view sustained. United States v. Green, 2018 U.S. Dist. LEXIS 206238 (S.D. N.Y. Dec. 6, 2018).* The search issue is not dispositive of the case because … Continue reading

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E.D.Tenn.: CI on the controlled buy wasn’t an “active participant” in the crime

The CI’s participation in the controlled buy that led to a search warrant doesn’t make the CI an “active participant” in the crime where that’s only the basis for issuance of the warrant and it’s not a separate charge. United … Continue reading

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