Daily Archives: October 21, 2020

MT: Plain view justifies automobile exception search

Seeing contraband in plain view justifies an entry into a car under the automobile exception. State v. Tenold, 2020 MT 263, 2020 Mont. LEXIS 2461 (Oct. 20, 2020). Three controlled buys were probable cause despite defendant’s argument that the officer … Continue reading

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NYTimes: The Police Can Probably Break Into Your Phone

NYTimes: The Police Can Probably Break Into Your Phone (“At least 2,000 law enforcement agencies have tools to get into encrypted smartphones, according to new research, and they are using them far more than previously known.”)

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D.Minn.: SW for ion scan of door for presence of drugs was at least subject to GFE

The search warrant here for swabbing defendant’s door for an ion scan to determine presence of drugs didn’t describe what the ion scan would show. The existence of case law from at least 1999 supporting ion scan warrants satisfies good … Continue reading

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GA: Defendant’s refusal to submit to a urine test wasn’t a 5A violation

Defendant’s refusal to submit to a urine test wasn’t a Fifth Amendment violation. Motion to suppress improperly granted. State v. Awad, 2020 Ga. App. LEXIS 589 (Oct. 20, 2020):

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NJ: Protective sweep of house for gun inside was unreasonable where defendant was arrested outside

Protective sweep of house for gun inside was unreasonable where defendant was arrested outside. State v. Radel, 2020 N.J. Super. LEXIS 222 (Oct. 20, 2020):

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