Monthly Archives: August 2019

MA: Def’s statement was suppressed, and that led to suppression of phone and CSLI for lack of nexus

Defendant’s cell phone search was based on a statement in violation of Miranda, and it must be suppressed. When the affidavit for the search warrant for defendant’s CSLI has the information removed that was the product of that search, there … Continue reading

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Forbes: Will Networked Self-Driving Cars Become A Surveillance Nightmare?

Forbes: Will Networked Self-Driving Cars Become A Surveillance Nightmare? by Brad Templeton:

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E.D.Va.: Request for consent within 20 seconds of handing over tickets didn’t unreasonably extend stop

A request for consent within 20 seconds of handing the tickets to the defendant did not unreasonably extend the stop. The court finds the consent voluntary. United States v. Perez-Almeida, 2019 U.S. Dist. LEXIS 144705 (E.D. Va. Aug. 26, 2019). … Continue reading

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AL: City code enforcer violated 4A by entering curtilage and towing cars

A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The … Continue reading

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W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

Defendant retained new counsel and moved to reopen his suppression hearing alleging former counsel was ineffective for not raising a better argument. The motion is denied because this claim doesn’t satisfy the standard for reopening. The issue was available and … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, GPS / Tracking Data, Suppression hearings | Comments Off on W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

S.D.Ga.: Lack of announcement doesn’t invoke exclusionary rule; def argued he was entitled to announcement to be able to dispose of his drugs

Defendant claims his search was invalid for lack of knock-and-announce because, if they had announced, he could have destroyed the drugs and wouldn’t have been charged [apparently oblivious to the fact that’s one of the justification for dispensing with announcement]. … Continue reading

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OH5: Failure to put SW affidavit into evidence denies review of PC determination

Appellant failed to put the affidavit for search warrant into evidence at the suppression hearing, so it is unavailable for review on whether it showed probable cause. State v. Hill, 2019-Ohio-3432, 2019 Ohio App. LEXIS 3524 (5th Dist. Aug. 27, … Continue reading

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D.Me.: Arrest outside master bedroom of known drug house justified protective sweep of bedroom

Defendant arrested 8′ from master bedroom in a house known for drug activity justified a protective sweep of the bedroom. United States v. Pemberton, 2019 U.S. Dist. LEXIS 146615 (D. Me. May 17, 2019),* adopted, 2019 U.S. Dist. LEXIS 145167 … Continue reading

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CA9: Even if state tracking warrant was limited to state, GFE applies

Assuming without deciding that a state tracking warrant couldn’t be tracked outside the state, the exclusionary rule would not be applied because the officers were all clearly operating in good faith. Moreover, defendant’s committing yet another bank robbery while he … Continue reading

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W.D.La.: Reasonable suspicion in part on a lie caught by a LPN reader

Louisiana tracks the LPNs of vehicles crossing from Texas on I-10. Defendant was stopped for a traffic offense and lied about his travels saying he came from within Louisiana. During their interaction, he became way more nervous. There was reasonable … Continue reading

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Two on waiver for failure to litigate issues

Defendant waived any claims on officer’s reliance on an APB for never having mentioned it in his motion to suppress. Commonwealth v. Santos, 2019 Mass. App. LEXIS 107 (Aug. 26, 2019).* Defendant litigated his statement as coming from an illegal … Continue reading

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M.D.La.: State privacy law confers no additional standing in federal court

As a mere passenger, defendant has no standing to contest a search of the car. “The Court also rejects Defendant’s argument that his state-law right to privacy somehow confers standing in this federal action. Defendant has the burden of establishing … Continue reading

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