Daily Archives: January 12, 2021

W.D.N.C.: Def counsel not ineffective for not arguing Carpenter protects bank records because it doesn’t

There is no reasonable expectation of privacy in bank records such that the government needed a warrant to get them. Defense counsel wasn’t ineffective for not arguing that there was such an interest. “Carpenter did not overrule Miller but merely … Continue reading

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GA: When there is PC for an arrest, the validity of an arrest warrant is moot

There was probable cause for defendant’s arrest, so the validity of the arrest warrant doesn’t matter. Harper v. State, 2021 Ga. LEXIS 2 (Jan. 11, 2021). Defendant’s claim of lack of probable cause is really just an effort to construe … Continue reading

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E.D.Tenn.: Def’s car that others were known to drive being outside house of another wasn’t reasonable belief he was there

Officers did not have a reasonable belief defendant was on the premises of another just because he was seen there a month earlier and what was somewhat believed to be his car was parked out outside just before the entry. … Continue reading

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MA: Planning of homicide with co-conspirator was nexus for cell phone SW

It was reasonable for the magistrate to conclude that evidence of defendant’s planning of a homicide would be on his cell phone because he communicated with co-conspirators. Therefore, nexus to the phone was shown. Commonwealth v. Snow, 2021 Mass. LEXIS … Continue reading

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GA: Cell phone believed to be on def’s person at time of robbery and murder is subject for SW for evidence of the crimes

The affidavit for the warrant showed probable cause and particularity for search of defendant’s cell phone for evidence of an armed robbery and murder [essentially on the officer’s experience]. The trial court suppressed a pre-warrant search of defendant’s cell phone, … Continue reading

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NE: State failed in its burden of proof on inventory; the defense has no duty to clear up confusion in the proof

The state carried the burden, and it failed to prove that the inventory of defendant’s vehicle followed standardized procedure or was reasonable. The defense had no burden to clear up any evidentiary confusion because the state had the burden. State … Continue reading

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