Monthly Archives: January 2021

D.Mont.: State trooper’s alleged violation of a tribal agreement with state wasn’t sufficient for exclusionary rule

A Montana state trooper’s alleged violations of a cross deputization agreement with a tribe wasn’t justification for exclusion of evidence from his stop of defendant. “The Court fails to make the connection between any constitutional violation whose remedy is suppression … Continue reading

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E.D.Tenn.: Guilty plea in state court precludes claim that arrest lacked PC

Having pled guilty in state court, plaintiff can’t complain that the arrest leading to the plea lacked probable cause. Moser v. Davis, 2021 U.S. Dist. LEXIS 13308 (E.D. Tenn. Jan. 25, 2021). Petitioner had a “full and fair” opportunity to … Continue reading

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S.D.Ill.: Rule 41(g) doesn’t permit return of property held by state officers

“As this Court has tried to explain several times, the property Turner seeks is held by the Illinois State Police–not the Federal Government. The Court cannot order the Government to return something that it does not have. For these reasons, … Continue reading

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N.D.W.Va.: No REP in readily visible interior of car

There is no reasonable expectation of privacy in the interior of a car visible through the window. United States v. Swartz, 2020 U.S. Dist. LEXIS 248194 (N.D. W.Va. Dec. 11, 2020),* adopted, 2021 U.S. Dist. LEXIS 10918 (N.D. W.Va. Jan. … Continue reading

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N.D.Ohio: Vaguely matching description except for race and wearing a hoodie wasn’t RS

“The Court finds that the articulable justification presented for initially stopping Defendant was that he was a black male wearing a black hoodie in the vicinity of Washington Park. Based on the totality of the circumstances, and considering the information … Continue reading

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Nothing online is completely private: Parler data dump of “ethically hacked posts”

NYTimes: How Parler Reveals the Alarming Trajectory of Political Violence by Candace Rondeaux and Heather Hurlburt:

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D.Md.: Despite recreational MJ use in state, smell of MJ before that was PC

At the time of the encounter with the Maryland police, the smell of marijuana on the person was probable cause. That changed later, but the search of the person was valid when it happened. Moreover, possession of marijuana is still … Continue reading

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NBC: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI

NBC News: Swiping alt-right: How catfishing for democracy helped users flag Capitol rioters to FBI with Ali Vitali

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WUSA9: DC residents get visits from FBI as agents track cell phones that pinged near the Capitol

WUSA9: DC residents get visits from FBI as agents track cell phones that pinged near the Capitol by Bruce Lashon (“A DC woman said an FBI agent contacted her and said investigators were reaching out to the owner of every … Continue reading

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IA: Trash container in the grass on the alley within easy reach was searchable

In a trash search case, the trash cans faced an alley but were on defendant’s grass. The officers could open the trash cans without stepping on the property. This was a valid trash search, and, having credited the officers’ testimony, … Continue reading

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IA: De novo review (apparently) means looking at the dashcam video

De novo review (apparently) means looking at the dashcam video: “Upon our review of the video, we find, as did the district court, Hales’s vehicle was ‘drifting left and traveling over the dividing line of the lanes’ at 12:30 in … Continue reading

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D.Me.: No PC shown for SW in 33 year old rape and murder case, but GFE still applies (because two judges approved of it)

Defendant was the target of a 2019 search warrant for trophies (jewelry and clothing) from and ligatures used in sexual assaults and murders committed in 1986-88. Defendant did four stints in prison in between. A search warrant was issued for … Continue reading

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DE: “Surveilling” def by following him looking for discarded DNA wasn’t an unreasonable search or seizure

Defendant lived in Pennsylvania and was accused of unlawful sex in Delaware. A search warrant was obtained in Pennsylvania for his house, and there was probable cause for it and it was narrow and specific. His DNA had been obtained … Continue reading

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CA4: The rental search was prior to Byrd making it unreasonable; Davis good faith applies

Search of a rental car before Byrd that subsequently made it unreasonable gets the benefit of the good faith exception. United States v. Houston, 2021 U.S. App. LEXIS 1643 (4th Cir. Jan. 21, 2021). There were material omissions from the … Continue reading

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CA6: With PC, car can be searched on impound lot

Officers had probable cause to search defendant’s car for a hidden gun while it was on the impound lot. The automobile exception or inventory applied, so no warrant was required. United States v. Nuyen, 2021 U.S. App. LEXIS 1608 (6th … Continue reading

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NY1: A prior search admissible to show knowledge and lack of mistake when entrapment is raised

Defendant was a police officer charged with engaging in drug transactions. The defense was entrapment. A prior search warrant for drugs at an aunt’s apartment was admissible [404(b)] on the entrapment claim where she was present but not charged. People … Continue reading

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UT: Def succeeds on claim opening car door can be a 4A search, but loses on Davis good faith reliance on prior case

Police opening the door of defendant’s car on a McDonald’s parking lot where he’d nodded off can be a search. Prior authority permitting it, State v. James, 2000 UT 80, 13 P.3d 576, is now limited. This can be a … Continue reading

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AR: Wrong address on SW not fatal where affiant was executing officer and the right place was searched

The wrong address on the search warrant didn’t make the warrant unparticular where the officer applying for the search warrant observed two controlled buys there from a distance and then executed the warrant on the right place. Kellensworth v. State, … Continue reading

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CA10: Gun seized during inventory called off could not be kept by police

Defendant’s car was stopped at the driveway he was pulling out of. The car was going to be impounded, but the actual owner came out and said that it was her car. The gun found during the inventory was hers, … Continue reading

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D.Nev.: Def failing to immediately stop and drawing officers deep into a parking lot added to RS

While the question is close, “I find that Pappas had reasonable suspicion that Eddards was armed and dangerous. While performing proactive gang enforcement in an area plagued by crimes being committed in rental cars, Pappas and Nahum attempted to pull … Continue reading

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