Daily Archives: April 9, 2019

CA5: Typo on an IP address in affidavit for SW that nobody noticed doesn’t void the search; GFE applies

A typographical error in an IP address in the affidavit for search warrant was overlooked by everybody, and it was reasonable for the police to still rely on it under the good faith exception. United States v. Gonzalez, 2019 U.S. … Continue reading

Posted in Computer searches, Consent, Good faith exception | Comments Off on CA5: Typo on an IP address in affidavit for SW that nobody noticed doesn’t void the search; GFE applies

Two on cell phone password consent

Consent to get defendant’s cell phone password didn’t require a Miranda warning. United States v. Ricks, 2019 U.S. Dist. LEXIS 59859 (E.D. Tex. Apr. 8, 2019). Defendant was in custody at the police station with his cell phone which the … Continue reading

Posted in Cell phones, Consent | Comments Off on Two on cell phone password consent

D.Ore.: Delay under Rodriguez and its relation to consent during the stop

Delay under Rodriguez and its relation to consent during the stop: “The Rodriguez standard is thus used to determine whether officers’ actions exceed the narrow scope of the justification for a stop. By contrast, the issue of voluntariness addresses whether … Continue reading

Posted in Consent | Comments Off on D.Ore.: Delay under Rodriguez and its relation to consent during the stop

D.Minn.: Proffer on standing requires evidence; def can’t rely on govt’s litigation position without outright admission or waiver of standing

Defendant lacked standing in the house of another. He can’t rely for standing on the government’s litigation positions — he has to point to evidence. United States v. Valdez, 2019 U.S. Dist. LEXIS 57478 (D. Minn. Feb. 7, 2019), adopted, … Continue reading

Posted in Standing | Comments Off on D.Minn.: Proffer on standing requires evidence; def can’t rely on govt’s litigation position without outright admission or waiver of standing

D.Vt.: If the arrest is invalid, the search incident is, too

Defendant’s arrest was without probable cause, so the search incident to his arrest must be suppressed. United States v. Williams, 2019 U.S. Dist. LEXIS 58067 (D. Vt. Apr. 4, 2019).* “Here, many factors formed Detective Deshaies’s objectively reasonable basis to … Continue reading

Posted in Reasonable suspicion, Search incident | Comments Off on D.Vt.: If the arrest is invalid, the search incident is, too

DE: Vague CI information and lack of nexus to def’s home required suppression

There was no substantial basis for a finding of probable cause for this search warrant. Not only were the credibility and reliability of the informant questionable, but the tip was overly broad and made no mention of defendant’s residence and … Continue reading

Posted in Ineffective assistance, Informant hearsay, Nexus | Comments Off on DE: Vague CI information and lack of nexus to def’s home required suppression

S.D.Fla.: Generically describing in an inventory “tools” and “misc items” was constitutionally adequate to show true inventory

Describing a lot of stuff in defendant’s car as “tools” and “misc items” was good enough. “Officer Jas also testified that having the inventory search recorded in his BWC served to verify the accuracy of his paperwork. Having considered Officer … Continue reading

Posted in Inventory, Qualified immunity | Comments Off on S.D.Fla.: Generically describing in an inventory “tools” and “misc items” was constitutionally adequate to show true inventory