Daily Archives: April 7, 2021

CA8: Warrantless seizure of computer in fraud case was reasonable because of exigency

The warrantless seizure of defendant’s computer was justified by exigent circumstances that it contained evidence of fraud. United States v. Mays, 2021 U.S. App. LEXIS 9861 (8th Cir. Apr. 6, 2021). “Because we conclude that the officer’s initial question about … Continue reading

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WI: Consent to search a computer was limited to def’s son’s user files; forensically searching recycle bin exceeded the scope of consent

Defendant granted consent to search only his son’s files on his computer. The forensic analyst searched the recycle bin, too, and that exceeded the scope of consent. Shared files were not within the scope of consent. State v. Jereczek, 2021 … Continue reading

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D.Ariz.: Def’s motion to unseal SW affidavit denied because of ongoing investigation

Defendant’s motion to unseal the affidavit for the search warrant is denied because of an ongoing investigation it would reveal and because he can’t show a lack of probable cause for the search. United States v. Calleta, 2021 U.S. Dist. … Continue reading

Posted in Abandonment, Reasonable suspicion, Warrant execution | Comments Off on D.Ariz.: Def’s motion to unseal SW affidavit denied because of ongoing investigation

D.Minn.: Crime Stoppers tip was sufficiently corroborated to show PC

Crime Stoppers tip was sufficiently corroborated to show probable cause [under Gates]. United States v. Gaston, 2021 U.S. Dist. LEXIS 65724 (D. Minn. Apr. 5, 2021):

Posted in Informant hearsay | Comments Off on D.Minn.: Crime Stoppers tip was sufficiently corroborated to show PC