Daily Archives: May 23, 2019

The Hill: Does your district attorney have access to your medical records?

The Hill: Does your district attorney have access to your medical records? by David Siegel: The latest attempts to criminalize women’s health care will demand that every Alabaman woman share their medical records with their local district attorney. Sound fishy?

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S.D.Tex.: Govt’s showing def’s connection to package showed standing; USPS delay while kind of long wasn’t unreasonable or abnormal

Defendant didn’t testify at the suppression hearing, but the officer’s testimony adequately showed defendant’s standing to contest the search of his package. An alias was used, and the government’s efforts to link him to the package showed his standing. The … Continue reading

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E.D.Mich.: “open the motherfucking door or I’m going to tear it down” showed a lack of consent

Plaintiff overcame defendants’ motion for summary judgment in his Fourth Amendment § 1983 case on consent and exigent circumstances for a warrantless entry. As to consent, “open the motherfucking door or I’m going to tear it down” showed a lack … Continue reading

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MN decides that gaps in the state’s version don’t preclude the CI being a material witness so the CI must be disclosed

“If a warrant to search a home relies on information from a confidential police informant about contraband inside the home, but the warrant application includes no facts indicating whether the informant could be considered a government agent who violated the … Continue reading

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ND: Arrangement to pick up his package showed control and standing

Defendant’s arrangement with another person to pick up his package showed his control over the package, and that gave him standing. State v. Gardner, 2019 ND 122, 2019 N.D. LEXIS 130 (May 16, 2019) (quoting Treatise § 3.13). “We conclude … Continue reading

Posted in Particularity, Standing | Comments Off on ND: Arrangement to pick up his package showed control and standing

D.D.C.: Michael Cohen SW materials ordered released

“The Associated Press, Cable News Network, Inc., The New York Times Company, POLITICO LLC, and WP Co., LLC, d/b/a the Washington Post (collectively, the ‘Media Coalition’) request an order unsealing ‘warrants, applications, supporting affidavits, and returns relating to all search, … Continue reading

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CO: Because CO has legalized recreational MJ, use of a drug dog requires PC because a dog sniff uncovers lawful activity

Because Colorado has legalized possession of small amounts of marijuana, admission of possession of it in a car doesn’t permit a drug dog to sniff the car without probable cause to believe there is an illegal amount in the car. … Continue reading

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CA6: Date of receipt of CP isn’t a limit on the scope of a SW

In a child pornography investigation, the date of the alleged obtaining the child porn doesn’t limit the scope of the search warrant. Moreover, the fact it was known to be on one device does mean that only that device can … Continue reading

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