Daily Archives: March 30, 2019

WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door.

WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door. by Antonia Noori Farzan:

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CA11: Failure to object to USMJ’s R&R on search claim is waiver for appeal

Defendant waived his suppression motion by not seeking review of the USMJ’s R&R. United States v. Pugh, 2019 U.S. App. LEXIS 9254 (11th Cir. Mar. 28, 2019). “The Court need not determine whether any of these facts alone would be … Continue reading

Posted in Reasonable suspicion, Suppression hearings | Comments Off on CA11: Failure to object to USMJ’s R&R on search claim is waiver for appeal

ID: Old faded “no trespassing” sign that was apparently not prominent wasn’t notice officer couldn’t enter curtilage

Defendant’s argument that his single old and faded “No Trespassing” sign was enough to revoke any implied license to approach his house is rejected. The court leaves open the possibility in a factually more stark case one sign could be … Continue reading

Posted in Curtilage | Comments Off on ID: Old faded “no trespassing” sign that was apparently not prominent wasn’t notice officer couldn’t enter curtilage

NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases

NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases by Charlie Savage:

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E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable

Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property … Continue reading

Posted in § 1983 / Bivens, Cell phones, Reasonableness | Comments Off on E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable

If the SW or other exhibits are a potential issue for appeal, they needs to be in the record

Defendant’s ineffective assistance of counsel claim about defense counsel’s handling of an alleged defective search warrant claim couldn’t be considered on appeal where nobody put the search warrant in the appellate record. Holland v. State, 2019 Tenn. Crim. App. LEXIS … Continue reading

Posted in Suppression hearings | Comments Off on If the SW or other exhibits are a potential issue for appeal, they needs to be in the record

N.D.Ga.: Even if Carpenter applies to a cell phone tower dump, the GFE applies

Even if Carpenter applies to cell phone tower dumps, which isn’t a certainty, the good faith exception applies. United States v. Pendergrass, 2018 U.S. Dist. LEXIS 222190 (N.D. Ga. Sept. 11, 2018), later opinion on reconsideration, 2019 U.S. Dist. LEXIS … Continue reading

Posted in Cell site location information, Good faith exception, Plain view, feel, smell | Comments Off on N.D.Ga.: Even if Carpenter applies to a cell phone tower dump, the GFE applies