Daily Archives: September 1, 2019

IL: PC was shown for the SW for def’s house; he was not just the last person to see her alive, he had her car and credit cards

Probable cause was shown for a search warrant for defendant’s house. “The complaint in Gacy did not cite to a specific crime; like this case, it was concerned with a missing person. Gacy, 103 Ill. 2d at 19-20. Since the … Continue reading

Posted in Community caretaking function, Nexus | Comments Off on IL: PC was shown for the SW for def’s house; he was not just the last person to see her alive, he had her car and credit cards

N.D.Cal.: Yahoo!’s TOS results in no REP in CP transmitted through it

The Terms of Service of Yahoo! email provide defendant no reasonable expectation of privacy in child pornography that was transmitted by its service. In addition, Yahoo!’s search was a private search. United States v. Wolfenbarger, 2019 U.S. Dist. LEXIS 148822 … Continue reading

Posted in E-mail, Reasonable expectation of privacy | Comments Off on N.D.Cal.: Yahoo!’s TOS results in no REP in CP transmitted through it

DE: State failed to show exigency for “hot pusuit,” or even pursuit

The state failed to show exigency for hot pursuit. Defendant fled to a dwelling where he was a frequent guest. There was no indication of a risk of destruction of evidence. State v. Foreman, 2019 Del. Super. LEXIS 416 (Aug. … Continue reading

Posted in Uncategorized | Comments Off on DE: State failed to show exigency for “hot pusuit,” or even pursuit

Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture

Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture by C.J. Ciaramella: Former DEA special agent Chad Scott has been convicted of perjury, obstruction of justice, and falsifying … Continue reading

Posted in Forfeiture | Comments Off on Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture

the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures

the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures by Amy Martyn:

Posted in Consent | Comments Off on the interept: SOUTHWEST BUST: DEA Agents Ambush Amtrak Passengers With Controversial Searches and Seizures

TX1: Warrantless DUI arrest then blood draw without exigency suppressed

After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Informant hearsay | Comments Off on TX1: Warrantless DUI arrest then blood draw without exigency suppressed

TX3: State failed to show exigency for dispensing with BAC SW

The trial court did not err by granting defendant’s motion to suppress blood evidence obtained in violation of the Fourth Amendment. The State failed to prove that the warrantless blood draw was justified by exigent circumstances: the collision did not … Continue reading

Posted in Drug or alcohol testing, GPS / Tracking Data | Comments Off on TX3: State failed to show exigency for dispensing with BAC SW

D.Mont.: USMs have power to arrest state fugitives, so search incident valid

USM’s fugitive task force has the power to arrest state offenders by federal statute, 28 U.S.C. § 564, and the AG can delegate them whenever to assist in arresting state fugitives. 34 U.S.C. §§ 41503-04. Therefore, they were authorized to … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine | Comments Off on D.Mont.: USMs have power to arrest state fugitives, so search incident valid

MN: CSLI obtained by state statute was valid because of PC showing; it also complied with Carpenter

Defendant’s CSLI was obtained under a state statute that had a probable cause requirement, and the state showed it. There were two statutes involved, and the wrong one was cited, but the state nonetheless met the standards of both. The … Continue reading

Posted in Cell site location information, Ineffective assistance | Comments Off on MN: CSLI obtained by state statute was valid because of PC showing; it also complied with Carpenter

C.D.Ill.: Six month delay in searching cell phone wasn’t unreasonable considering how busy the officer was, which the government proved

It took nearly six months to search defendant’s cell phone after he consented to it because of other important matters the officer was working on. “The Mitchell court acknowledged that officer workload considerations could justify a delay in seeking a … Continue reading

Posted in Cell phones, Warrant execution | Comments Off on C.D.Ill.: Six month delay in searching cell phone wasn’t unreasonable considering how busy the officer was, which the government proved

CA1: Common sense reading of SW and attachment contemplated off-site search

Defendant’s motion to suppress a FISA was properly denied because his Fourth Amendment facial challenge failed given his concession that the emergency provision could be constitutionally applied in some circumstances. Even if the provision had to be narrowly construed, he … Continue reading

Posted in Cell phones | Comments Off on CA1: Common sense reading of SW and attachment contemplated off-site search