Daily Archives: September 12, 2020

S.D.Ohio: Nexus shown between Facebook account and offense, despite 19 paragraphs of boilerplate

The government showed nexus between defendant’s Facebook account and the crime under investigation to justify the warrant, despite 19 paragraphs of boilerplate. United States v. Mize, 2020 U.S. Dist. LEXIS 166759 (S.D. Ohio Sept. 11, 2020):

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CA4: Administrative search by nonregulatory officer invoking regulatory processes was unreasonable

A stop of a regulated truck for a regulatory inspection by an nonregulatory officer was unreasonable under the administrative search doctrine. Otherwise, it upends the Burger scheme. United States v. Feliciana, 2020 U.S. App. LEXIS 28881 (4th Cir. Sept. 11, … Continue reading

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CA9: Gerstein applies to immigration arrests

Gerstein applies to immigration arrests in this class action. Plaintiff was a U.S. citizen detained by ICE. Gonzalez v. U.S. Immigration & Customs Enforcement, 2020 U.S. App. LEXIS 28827 (9th Cir. Sept. 11, 2020). There was probable cause for a … Continue reading

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E.D.Va.: SW authorized search of safe in house even though in room of another occupant

The search warrant authorized a search of a safe in a house even though the room it was in wasn’t occupied by the target of the search. The search warrant wasn’t stale because the drug activities it refers to were … Continue reading

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