Daily Archives: May 4, 2019

MD: Maryland exclusionary rule and GFE applied to search in NJ for evidence of a MD murder

Defendant was a suspect in a Maryland murder case, and the state and USMs certainly had probable cause for him connecting him to the murder. Yet, the affidavit for the search warrant for property in New Jersey merely conclusorily stated … Continue reading

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D.N.M.: SW for CP in house didn’t need to identify the person who was the target of the search

Officers had probable cause that child pornography came from a particular IP address that was linked to a street address. The search warrant was properly issued for the entire premises, and it did not need to list the target of … Continue reading

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Cal.4 dissent: Riley and Sansom require RS for cell phone probation search

Defendant was subjected to a probation search of a cell phone where the underlying crime had nothing to do with cell phones or the internet. The dissent believes that Riley and Sansom together require reasonable suspicion for a cell phone … Continue reading

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W.D.N.Y.: State SW issued for violation of state statute under federal injunction since 1997 should be suppressed

Defendant was federally indicted for possession of child pornography after a state search warrant for violation of state law. There was, however, a federal injunction from 1997 prohibiting prosecutions under a particular New York statute, but at least 11 people … Continue reading

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M.D.Pa.: Typo in SW address overlooked under GFE

Typographical error in the search warrant (648 South 21st Street rather than 748 South 21st Street) would be overlooked under the good faith exception where the correct property was searched. United States v. Carey, 2019 U.S. Dist. LEXIS 74140 (M.D. … Continue reading

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