Daily Archives: February 23, 2019

NY: No REP or 4A right against recording of calls from prison

No Fourth Amendment right of defendant was violated by recording his prison calls and then admitting them into evidence. He was well on notice that they were recorded. People v. Diaz, 2019 NY Slip Op 01260, 2019 N.Y. LEXIS 266 … Continue reading

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N.D.Ill.: Despite McDonald under the 2A, apparent possession of a weapon after hearing shots fired can be considered as RS

Defendant asserted that he had a Second Amendment right to possess a handgun, and that the court could not consider that in assessing reasonable suspicion. The court disagrees because here the officers were responding to hearing shots fired and saw … Continue reading

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D.Minn.: Exigent cell phone ping not barred by Carpenter

An exigent circumstances cell phone ping was not prohibited by Carpenter. United States v. Andrews, 2019 U.S. Dist. LEXIS 26283 (D. Minn. Feb. 20, 2019):

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DE: No error in order denying production of a DNA warrant in an unrelated case without showing any relevance

There was no abuse of discretion in the trial court refusing to make the state produce a DNA affidavit and search warrant in another case not shown to be relevant here. White v. StateWhite v. StateWhite v. State, 2019 Del. … Continue reading

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S.D.N.Y.: Overseizure from iCloud account wasn’t so flagrant it required suppression; govt agreed in advance to exclude the overseized

The government’s overseizure from defendant’s iCloud account wasn’t so flagrant or egregious to warrant suppression. The government agreed up-front to exclude the obvious, and that’s a sufficient remedy. United States v. Pinto-Thomaz, 2019 U.S. Dist. LEXIS 26262 (S.D. N.Y. Feb. … Continue reading

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Darwin Award nominee

Facebook posts eight days after a home invasion robbery show the defendants wearing the victims’ stolen Rolex and other jewelry including a unique gold coin necklace and handling the guns used in the robbery. The videos were not more prejudicial … Continue reading

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