Daily Archives: March 23, 2019

TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

The judge issuing the search warrant didn’t swear the affiant, and the fact that the papers said it was under oath and there is a jurat isn’t enough. Wheeler v. State, 2019 Tex. App. LEXIS 2233 (Tex. App. – Ft. … Continue reading

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NBC: Guests in South Korea motel rooms were filmed, the content streamed, police say

NBC: Guests in South Korea motel rooms were filmed, the content streamed, police say: Four men were arrested for allegedly installing illegal cameras in dozens of motel rooms, then profiting from streaming the feeds to strangers online.

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NH: PC for text messages on cell phone permitted search of photographs on the phone as well

A search warrant for cell phones text messages did not prohibit the searchers looking at photographs as well because photographs are commonly included in text messages. There was admittedly probable cause for the text messages, but it here included photographs. … Continue reading

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IL: No REP in common hallway of unlocked apartment building; distinguished door dog sniff case

There was no reasonable expectation of privacy in the common area of an unlocked apartment building where observation of handling a gun occurred. The court distinguishes the use of a drug dog at an apartment door which does become a … Continue reading

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CA9: Not well settled law that LEO stealing property during a search is 4A violation, so alleged thief gets qualified immunity

The law is not well settled, thus requiring qualified immunity, that a law enforcement officer’s stealing plaintiff’s property during a search is a violation of the Fourth Amendment. (Apparently something that’s obviously an unreasonable seizure doesn’t matter as long as … Continue reading

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CA9: Younger abstention applied except to ptf’s 4A claim because it wouldn’t enjoin state proceedings

Younger abstention was properly granted, in part, because the state nuisance proceeding was a civil enforcement proceeding within the scope of Younger, the state proceedings implicated important state interests, the state proceedings provided an adequate opportunity for the state action … Continue reading

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CA4: Entry into house while waiting for SW to be procured doesn’t require suppression

Police entered defendant’s house to secure it after sending one officer to get a search warrant. The entry didn’t require suppression of evidence because there was an independent source for the information in the search warrant application. United States v. … Continue reading

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NY2: No REP in a computer open on a P2P network

There is no reasonable expectation of privacy in a computer open to the world on a P2P network and anybody can come into. People v. Worrell, 2019 NY Slip Op 02127, 2019 N.Y. App. Div. LEXIS 2111 (2d Dept. Mar. … Continue reading

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CA7: While the circumstantial evidence might support a SW or wiretap, it didn’t support guilt; reversed and dismissed

“We assume the government’s circumstantial evidence here might have supported a search warrant or perhaps a wiretap on Garcia’s telephone. It simply was not sufficient to support a verdict of guilty beyond a reasonable doubt for distributing cocaine. We reverse … Continue reading

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IA: Product of valid administrative subpoena could be turned over to prosecutors for other action

Defendant was a former nursing home nurse, and she was under investigation by the state for allegedly getting some government benefits she wasn’t entitled to. The state Department of Investigations and Appeals issued subpoenas for bank records. They didn’t find … Continue reading

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TX11 applies GFE to SW based on a statute later held unconstitutional

In an opinion on remand from the Texas Court of Criminal Appeals, Davis good faith applies to a search warrant issued under a provision of the Texas Penal Code later declared unconstitutional. Siller v. State, 2019 Tex. App. LEXIS 2227 … Continue reading

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