Daily Archives: March 24, 2020

CT: That PC is less than a preponderance is well established in constitutional law; court declines to adopt preponderance standard here

Officers had probable cause defendant possessed child pornography on his computer from his roommate’s seeing him look at two pictures in succession of nude children. The longstanding principle is that probable cause is less than a preponderance, and the court … Continue reading

Posted in Burden of proof, Consent | Comments Off on CT: That PC is less than a preponderance is well established in constitutional law; court declines to adopt preponderance standard here

VT: Traffic stop devolved into drug investigation without RS; delay was because officers intentionally didn’t complete the tasks of the stop

This traffic stop led to defendant being cited for driving on a suspended DL, but the officers were going to let him get someone to come and retrieve the keys from their office. The officer turned it into a drug … Continue reading

Posted in Reasonable suspicion | Comments Off on VT: Traffic stop devolved into drug investigation without RS; delay was because officers intentionally didn’t complete the tasks of the stop

FL1: Officers crossing protected lands to get to unprotected lands to make a plain view doesn’t justify exclusion

“Police entered protected property to get to unprotected property to make an observation in open fields. That prior unlawful intrusion doesn’t justify exclusion. “Florida law is relatively clear whether to suppress evidence discovered on a person’s property during an officer’s … Continue reading

Posted in Constitutionally protected area, Open fields | Comments Off on FL1: Officers crossing protected lands to get to unprotected lands to make a plain view doesn’t justify exclusion

E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

Defendant was stopped for failing to stop at a stop sign. When officers approached the car, “Officer Torrez saw a partially open bag, in plain view on the floor board, containing marijuana. This also provided the officers with probable cause … Continue reading

Posted in Good faith exception, Nexus, Probable cause | Comments Off on E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

FL2: Direct contempt for refusing to provide passcode for cell phone search reversed; out-of-court evidence couldn’t be considered

Defendant was held in contempt and sentenced to five months and 29 days for refusing to provide the passcode for his cell phone so it could be searched under a warrant. “However, whether a finding of contempt could have been … Continue reading

Posted in Cell phones, Privileges, Warrant execution | Comments Off on FL2: Direct contempt for refusing to provide passcode for cell phone search reversed; out-of-court evidence couldn’t be considered

M.D.N.C.: Two SWs were issued, and second did not supersede the first

Two search warrants were issued May 28 & 29, 2019. They were both issued with probable cause, they weren’t stale, and the second did not supersede the first. No case supports this latter argument. United States v. Atkins, 2020 U.S. … Continue reading

Posted in Probation / Parole search, Warrant requirement | Comments Off on M.D.N.C.: Two SWs were issued, and second did not supersede the first

M.D.Ala.: Lack of a video didn’t undermine the USMJ’s credibility finding

“The lack of a video under these circumstances is not a basis for rejecting the Magistrate Judge’s credibility finding.” Defendant’s becoming loud and obnoxious when asked to leave justified a frisk. United States v. Tymes, 2020 U.S. Dist. LEXIS 47638 … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Standards of review | Comments Off on M.D.Ala.: Lack of a video didn’t undermine the USMJ’s credibility finding

W.D.Mo.: Video of contents of car satisfied inventory

Defendant argues the inventory was really investigatory. He doesn’t claim anything was missing or lost. He also was on someone else’s property at 5 am, so there was no need to leave it there because the owner couldn’t assent, assuming … Continue reading

Posted in Uncategorized | Comments Off on W.D.Mo.: Video of contents of car satisfied inventory

WaPo: Tracking coronavirus by our smartphones

WaPo: Smartphone data reveal which Americans are social distancing (and not) by Geoffrey A. Fowler (“D.C. gets an ‘A’ while Wyoming earns an ‘F’ for following coronavirus stay-at-home advice, based on the locations of tens of millions of phones”):

Posted in Surveillance technology | Comments Off on WaPo: Tracking coronavirus by our smartphones

IL: Even if def had a MMJ card, there was PC because loose bud showed it wasn’t in its container

Even if the officer presumed defendant was in legal possession of cannabis pursuant to Illinois MMJ Act, the facts established probable cause that evidence of a crime was in the vehicle. The officer saw a loose “bud” in the backseat … Continue reading

Posted in Good faith exception, Probable cause, Search incident | Comments Off on IL: Even if def had a MMJ card, there was PC because loose bud showed it wasn’t in its container