Daily Archives: July 5, 2019

E.D.Mich.: Computer search was valid but court requests more comprehensive ex ante review in computer searches

The government obtained a search warrant for defendant’s computer for 18 U.S.C. § 1960 and for operating an unlicensed Bitcoin exchange service. During the search, the officer found an image of child pornography. He stopped the search and applied for … Continue reading

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PA applies Carpenter to 2015 CSLI search because no state case dealt with issue until after; applies to realtime CSLI, too

Defendant filed a motion to suppress CSLI from 2015 before Carpenter was even decided. Because no state case held that CSLI was not a search or the good faith exception applied and there were, in fact, cases holding that CSLI … Continue reading

Posted in Cell site location information | Comments Off on PA applies Carpenter to 2015 CSLI search because no state case dealt with issue until after; applies to realtime CSLI, too

TX: Art. 38.23 does not extend 4A to private searches

“We disavow the idea that Article 38.23 extends the Fourth Amendment to private citizens acting in a private capacity. We reaffirm that the Fourth Amendment is a restraint on government and that it does not apply to private individuals who … Continue reading

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N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed

For the government to rely on the good faith exception by claiming the attachment limiting the warrant was attached to the search warrant, it bears the burden of showing that, and it didn’t. United States v. Chang, 2019 U.S. Dist. … Continue reading

Posted in Franks doctrine, Privileges, Scope of search | Comments Off on N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed

CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

The Texas Medical Board violated the Fourth Amendment when conducting an administrative search of a physician’s office because it demanded immediate compliance with its subpoena. The medical industry as a whole was not a closely regulated industry, and the statutory … Continue reading

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Leon and the good faith exception is 35 today

Today is the 35th anniversary of United States v. Leon, 468 U.S. 897 (1984), fittingly decided in 1984. As I related many years ago here, I did a CLE for Memphis prosecutors about a year later on how to litigate … Continue reading

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