Daily Archives: February 6, 2019

D.D.C.: Community caretaking function doesn’t apply well to seizures; seizure and frisk suppressed

Officers responded to a drive-by shooting allegedly picked up by ScatterShot. Officers grabbed defendant’s arm ostensibly to see if he’d been shot, and it was readily apparent that he had not been, and he denied it. The community caretaking function … Continue reading

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CA7: State law violation for tracking warrant not a 4A violation

Defendant was tracked by a state issued tracking warrant. A state imposed limitation on the tracking warrant was arguably violated, but that doesn’t by any means mean that the Fourth Amendment was violated when his case was brought in federal … Continue reading

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N.-M. Ct.Crim.App.: Def knowingly consented to cell phone search in stalking investigation; he was graduate of Naval Academy

Defense counsel was not ineffective for not challenging defendant’s consent to search of his cell phone in a stalking investigation. Defendant understood that the scope of the search would be as broad as necessary, and he knowingly consented. The court … Continue reading

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MN law that requires identifying information on renters is third party information and voluntary disclosure doesn’t offend Patel

Defendant rented a motel room in Minnesota, and state law requires the hotelier to gather certain basic identifying information about the renter. The police came and inquired of the hotel. They ran defendant’s information and learned that he’d been convicted … Continue reading

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