Daily Archives: July 20, 2019

E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE

The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to … Continue reading

Posted in Good faith exception, Probable cause, Scope of search | Comments Off on E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE

MA: PC was shown for cell phone search on admission there were timely videos that could help explain

There was probable cause for a search warrant for photos and videos on defendant’s cell phone in a home invasion case based on all the evidence in the case to that point and, pointedly, admission there were videos on the … Continue reading

Posted in Cell phones, Probable cause | Comments Off on MA: PC was shown for cell phone search on admission there were timely videos that could help explain

N.D.Ill.: Moving place of search of belongings away from alley where def was arrested to inside wasn’t unreasonable

Officers had a warrant for defendant’s person and belongings. It wasn’t unreasonable to move the place of the search from the alley where he was arrested inside, even as a search incident. United States v. Sanchez, 2019 U.S. Dist. LEXIS … Continue reading

Posted in Franks doctrine, Search incident | Comments Off on N.D.Ill.: Moving place of search of belongings away from alley where def was arrested to inside wasn’t unreasonable

CA4: Denial of cross examination into alleged falsity in SW affidavit where the product was never used was irrelevant or harmless

The district court didn’t err in holding cross-examination about alleged falsities in a search warrant affidavit where the product of the search was never admitted at trial. Also, in light of all the proof, it was harmless at best. United … Continue reading

Posted in Ineffective assistance | Comments Off on CA4: Denial of cross examination into alleged falsity in SW affidavit where the product was never used was irrelevant or harmless

E.D.Tenn.: Def’s mother did not have joint control over a trailer he lived in on her property; officers at minimum should have inquired more

Defendant lived on property with his mother, but he was in a trailer. It was unreasonable for officers to believe that she had joint control over his part of the property. At best, the situation was such that officers should … Continue reading

Posted in Apparent authority, Reasonable suspicion | Comments Off on E.D.Tenn.: Def’s mother did not have joint control over a trailer he lived in on her property; officers at minimum should have inquired more