Daily Archives: February 17, 2019

S.D.N.Y.: Protective sweep was invalid, and SW predicated on it is suppressed

The government’s assertion of need for protective sweep was belied by the delay in getting around to conducting it. The product of the protective sweep made it into the search warrant application, and the product of the warrant is suppressed. … Continue reading

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WA: Breath test was valid as search incident

A breath test conducted under the implied consent law is a valid search incident to arrest. The state constitution does not impose a higher standard. State v. Nelson, 2019 Wash. App. LEXIS 354 (Feb. 14, 2019). Defendant didn’t raise a … Continue reading

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N.D.Ohio: Corroboration of CI for rectal SW was thin, but GFE applies

Based on a CI that was partially corroborated, officers believed defendant was concealing drugs in his rectum. They obtain a search warrant for a rectal search. The probable cause from the CI is thin. “Basic fairness requires the government to … Continue reading

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W.D.Tex.: RS of a weapon nearby in a car authorizes opening the door

“In this case the officers had either probable cause or reasonable suspicion to open the car doors to substantiate their belief that weapons, drugs and money were in the vehicle. Further, they were authorized to take photographs to inventory the … Continue reading

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