Daily Archives: September 3, 2019

ME: Nexus between cell phone and crime can be inferred from totality of affidavit

Probable cause was shown for nexus between defendant’s cell phone and a multi-person burglary ring. While the affidavit didn’t explicitly state that the conspirators would communicate by cell phone before the burglary, it was a reasonable inference on the totality. … Continue reading

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N.D.Cal.: Compelled use of fingerprint to open cell phone not testimonial

The court at first declined to sign a search warrant for a cell phone that compelled use of a fingerprint to unlock it. After further submissions from the USAO and the FPD as invited amicus, the court concludes that a … Continue reading

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W.D.Pa.: An NCIC check is within the normal mission of a traffic stop

An NCIC check is within the normal mission of a traffic stop. “Next, regardless of the timing of events, ‘most courts confronted with the issue have determined that checking a passenger’s driver’s license in addition to the vehicle driver’s license … Continue reading

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ID: Two brief calls to inquire about the location of drug dog didn’t constitute abandonment of the stop for investigation

Two brief calls during the traffic stop to inquire about a drug dog were not themselves abandonment of the stop in favor of the dog. It was reasonable at the time and didn’t extend the stop. State v. Still, 2019 … Continue reading

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