Daily Archives: February 4, 2019

ABA Criminal Justice: Carpenter v. United States: Building a Property Based Fourth Amendment Approach to Digital Data

ABA: Carpenter v. United States: Building a Property Based Fourth Amendment Approach to Digital Data by Melody J. Brannon, 33 Criminal Justice No. 4 at 20 (Winter 2019):

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D.D.C.: Two story building with barbershop on first floor and residence above appeared to officers as one structure for SW purposes

The building searched was two stories. Defendants argued that the first floor was a barbershop and the second floor was a “warren of rooms” which were residential in character. Thus, two search warrants were required. The court disagrees because the … Continue reading

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E.D.Mich.: Using state judge to get tracking warrant violated Rule 41, but court refuses to suppress for lack of prejudice or widespread violations

Officers used a state judge’s tracking warrant on defendant in technical violation of state law. It was not an isolated case. Nonetheless, defendant doesn’t show that he was prejudiced by this failure sufficient to justify applying the exclusionary rule. United … Continue reading

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FL5: State’s failure to prove active pursuit of SW precluded reliance on inevitable discovery

The State failed to show that law enforcement was in pursuit of a search warrant at the time of the improper entry into defendant’s residence. It was thus error for the trial court to rely on the inevitable discovery doctrine … Continue reading

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N.D.Ga.: Def showed no standing in a rented getaway car that they didn’t get back into before arrest where the car was rented with fake ID

Failure to attach search warrant to amended motion to suppress was abandonment of the motion. As to a rental car that was to be the getaway car in a robbery, rented with fake ID, defendant lacked standing. Moreover, there was … Continue reading

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D.Neb.: No REP in psych hospital’s bathroom stalls

There is no reasonable expectation of privacy in a psych hospital’s bathroom stalls where plaintiff was involuntarily committed. Narcisse v. Kubes, 2019 U.S. Dist. LEXIS 16111 (D. Neb. Feb. 1, 2019). There was reasonable suspicion to stop and detain defendant … Continue reading

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CA3: Ptf adequately pled City had a pattern of illegal searches to state a § 1983 claim

Plaintiff was imprisoned for six months on a drug charge. After a successful motion to suppress, the charges were dropped. His § 1983 case against the officers fails, but it survives challenge against the city. “He has adequately alleged that … Continue reading

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ME: SW for all computers in house in a CP case wasn’t overbroad; digital images are easily moved and secreted

In a search warrant for child pornography, a request for all computers and electronic media on the premises wasn’t unreasonable, considering the ease with which digital images can be moved from one device to another and hidden. State v. Roy, … Continue reading

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S.D.Ind.: Towing and inventory objectively reasonable; subjective motive doesn’t matter

The towing and inventory of defendant’s vehicle was objectively reasonable. His later assertion that he uncovered evidence of a subjective motivation for towing and inventory is insufficient to overcome the objective basis. United States v. Vales, 2019 U.S. Dist. LEXIS … Continue reading

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