Daily Archives: April 14, 2019

AK: SW for all computer stuff in house associated with IP address was reasonable in child porn case

A child pornography search warrant for all computer stuff in the house associated with a particular IP address wasn’t directed at defendant–it was for the IP address to identify the potential user. Seizing all computer related stuff in the house … Continue reading

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PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

Exigency of officer safety did not permit officers to search defendant’s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. … Continue reading

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M.D.Pa.: Carpenter does not qualify for retroactive effect to obtaining CSLI in 2013

Carpenter does not qualify for retroactive effect to obtaining CSLI in 2013. United States v. Davis, 2019 U.S. Dist. LEXIS 63314 (M.D. Pa. Apr. 12, 2019):

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D.Mont.: Omission of def’s acquittal in a somewhat related case before the SW was issued was a Franks violation, but adding it in still leads to PC

The affidavit for search warrant omitted that defendant had been tried and acquitted of incest shortly before. Recasting the affidavit to include that fact, however, still leads to probable cause. “The Court determines that probable cause remains even after the … Continue reading

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MA: Six month old info of possession of a gun requires something else to show it was ongoing to not be stale

A single firearm seen in the house six months before the search warrant was sought, without some evidence possession was ongoing, wasn’t enough to overcome staleness. Commonwealth v. Hart, 2019 Mass. App. LEXIS 43 (Apr. 11, 2019):

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NYT: Tracking Phones, Google Is a Dragnet for the Police The tech giant records people’s locations worldwide. Now, investigators are using it to find suspects and witnesses near crimes, running the risk of snaring the innocent.

NYT: Tracking Phones, Google Is a Dragnet for the Police The tech giant records people’s locations worldwide. Now, investigators are using it to find suspects and witnesses near crimes, running the risk of snaring the innocent. by Jennifer Valentino-DeVries Gizmodo: … Continue reading

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