Daily Archives: December 15, 2018

TX7: Carpenter applied retroactively where def preserved issue

Defendant raised a Carpenter CSLI issue pretrial, and he prevails. Carpenter held retroactive (despite citing Davis). Dixon v. State, 2018 Tex. App. LEXIS 10340 (Tex. App. – Amarillo Dec. 13, 2018):

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M.D.Pa.: Nexus to def’s apt shown by physical description not necessarily apt no.

There was sufficient connection to defendant’s alleged drug deals and his residence to support the search warrant. “While law enforcement officials could not determine at that time which of the residential units Jones entered, they were subsequently able to make … Continue reading

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S.D.Fla.: Pen register requests that includes subscriber changes overbroad

The pen register request under § 3124(b) is overbroad for the service provider to tell the government about changes in the account. In re Application of the United States, 2018 U.S. Dist. LEXIS 209036 (S.D. Fla. Nov. 29, 2018):

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D.Neb.: Def motion for SW materials denied for time being; ongoing investigation

Where there is a First and Fourth Amendment and common law right to discovery of search warrant materials, Supplemental Rule G also provides for it for forfeiture. Here, however, the government shows in camera that disclosure now would jeopardize an … Continue reading

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E.D.La.: No PC or RS for def’s stop and frisk

Under the totality of circumstances, the officer lacked both probable cause and reasonable suspicion for defendant’s stop. United States v. Muse, 2018 U.S. Dist. LEXIS 209817 (E.D. La. Dec. 12, 2018)*:

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CNS: Suit Over Search on Domestic Delta Flight Advances

CNS: Suit Over Search on Domestic Delta Flight Advances by Josh Russell:

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Today is Bill of Rights Day

227 years ago today the Fourth Amendment became effective, Dec. 15, 1791

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