Daily Archives: January 22, 2021

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

Posted in § 1983 / Bivens, Automobile exception, Consent, Inventory | Comments Off on CA6: With PC, car can be searched on impound lot

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

Posted in Good faith exception, Trespass | Comments Off on UT: Def succeeds on claim opening car door can be a 4A search, but loses on Davis good faith reliance on prior case