Daily Archives: June 16, 2021

CA5: The fact more information could have been gathered didn’t make what had been learned false

The fact the affiant officer could have checked other sources to determine the validity of his probable cause didn’t mean that the information in hand was false. Davis v. City of Andrews, 2021 U.S. App. LEXIS 17845 (5th Cir. June … Continue reading

Posted in Franks doctrine, Inevitable discovery, Probable cause | Comments Off on CA5: The fact more information could have been gathered didn’t make what had been learned false

S.D.Ind. & E.D.La.: New crime during arrest not suppressed

Even crediting defendant’s version of events, the exclusionary rule would not be applied to the video of defendant’s violent resistance during his arrest. United States v. Hill, 2021 U.S. Dist. LEXIS 111803 (S.D. Ind. June 14, 2021). Defendant’s new crime … Continue reading

Posted in Cell site location information, Independent source, Reasonableness | Comments Off on S.D.Ind. & E.D.La.: New crime during arrest not suppressed

VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

“[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.” Moreno v. Commonwealth, 2021 Va. App. LEXIS 91 (June 15, 2021). The community caretaking exception did not justify officers’ opening … Continue reading

Posted in Cell site location information, Community caretaking function, Emergency / exigency, Protective sweep | Comments Off on VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

D.C.Cir.: Def’s sole presence after ShotSpotter report led to RS

A ShotSpotter report led to reasonable suspicion for defendant’s stop. “We conclude that the record facts support the findings of the district court. The totality of the information known to Turner when she stopped Jones sufficed to raise a reasonable … Continue reading

Posted in Scope of search | Comments Off on D.C.Cir.: Def’s sole presence after ShotSpotter report led to RS