Daily Archives: June 13, 2019

LA3: “Defendant may not retreat to the curtilage of his home to avoid arrest.”

“Defendant may not retreat to the curtilage of his home to avoid arrest.” State v. Nolan, 2019 La. App. LEXIS 1085 (La. App. 3 Cir. June 12, 2019). The smell of marijuana was justification for search of defendant’s person. A … Continue reading

Posted in Arrest or entry on arrest, Curtilage, Plain view, feel, smell | Comments Off on LA3: “Defendant may not retreat to the curtilage of his home to avoid arrest.”

IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

The City of Chicago requires GPS monitoring of food trucks to make sure they stay 200′ away from a regular restaurant or in food truck zones is reasonably related to the city’s interest in promoting viability of restaurants in the … Continue reading

Posted in Administrative search, GPS / Tracking Data, Reasonable expectation of privacy | Comments Off on IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

N.D.Cal.: 41-day delay from seizure to search of a cell phone wasn’t constitutionally unreasonable on these facts

41-day delay between seizure of cell phone and its search, while not good, wasn’t constitutionally unreasonable under all the circumstances, primarily because defendant was in custody and couldn’t use the phone anyway, so it didn’t intrude on his possessory interests. … Continue reading

Posted in Cell phones, Emergency / exigency, Standing | Comments Off on N.D.Cal.: 41-day delay from seizure to search of a cell phone wasn’t constitutionally unreasonable on these facts

CA6 applies GFE to Carpenter on remand, and he still loses

The SCA was the law prior to Carpenter, so the good faith exception applies. From the date of Carpenter, the Fourth Amendment applies: “Carpenter II confirmed that the SCA does not immunize a government officer’s collection of CSLI from the … Continue reading

Posted in Cell site location information, Good faith exception, SCOTUS | Comments Off on CA6 applies GFE to Carpenter on remand, and he still loses

N.D.Iowa: Suppression hearing review isn’t de novo; it’s whether there is a substantial basis for finding PC

The district court’s duty at a suppression hearing is not de novo review of probable cause – it’s whether there is substantial evidence to support the conclusion of the issuing magistrate that there was probable cause. United States v. Mohring, … Continue reading

Posted in Probable cause, Standards of review | Comments Off on N.D.Iowa: Suppression hearing review isn’t de novo; it’s whether there is a substantial basis for finding PC