Daily Archives: May 15, 2019

NJ: Hotel operator who finds stuff in a hotel room can’t grant consent; police should use info to get SW

When a hotelier finds something in a room that justifies calling the police, the third-party intervention doctrine doesn’t give the police the authority to enter. They should use the information to get a search warrant. “We therefore reject the State’s … Continue reading

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CA8: Two CIs and officer’s observations provided PC for GPS tracking

Two tipsters and an officer’s observations of hand-to-hand deals led to a GPS warrant for defendant’s vehicle. It was issued with probable cause. Defendant wasn’t entitled to a Franks hearing over the CIs. United States v. Bradley, 2019 U.S. App. … Continue reading

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CA10: SW for computer fraud revealed CP; inevitable discovery applied

While executing a computer fraud search warrant on defendant’s computers they happened upon child pornography on CDs during the onsite search. They took the computers and the CDs with the child pornography. A later search warrant was issued for the … Continue reading

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N.D.Ill.: Warrantless downloading GPS from an installed device on a car violated Jones

Defendant bought a Lexus from a used car dealer that had a GPS installed to track it, apparently to repossess it if necessary. He was warned on the purchase contract. Still, the government needed a search warrant to get access … Continue reading

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W.D.N.Y.: Def had no REP in his passenger’s cell phone that was being tracked which incidentally tracked him

“Here, there is no evidence that Defendant had possession of, or any subjective privacy interest in, Mr. Daniels’ cell phone. Law enforcement did not observe Defendant using the tracked cell phone, and the cell phone was not registered to Defendant. … Continue reading

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