Daily Archives: July 4, 2021

CA7: PC on the totality; kind of invoking Ferris Bueller’s Day Off

Defendant’s post-conviction argument that there wasn’t probable cause as to the age of the child in his child pornography case fails because common sense dictates the age from the age of the parents. In addition, defendant’s own word choice for … Continue reading

Posted in Probable cause | Comments Off on CA7: PC on the totality; kind of invoking Ferris Bueller’s Day Off

RI: One-sentence description of alleged CP didn’t show PC

The twelve word one-sentence description of defendant’s alleged child pornography was insufficient to show probable cause. The court declines the state’s invitation to adopt the good faith exception without adequate briefing. State v. Reisner, 2021 R.I. LEXIS 87 (June 30, … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on RI: One-sentence description of alleged CP didn’t show PC

M.D.Fla.: SW for cell phone permitted accessing his apps via internet with phone

The search warrant for defendant’s cell phone was issued with probable cause. The permissible scope of search included applications on the phone but having to go to the internet via the app. Moreover, the warrant for searching the phone included … Continue reading

Posted in Cell phones, Computer and cloud searches, Drug or alcohol testing, Excessive force | Comments Off on M.D.Fla.: SW for cell phone permitted accessing his apps via internet with phone

D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt

Defendant didn’t have standing to contest a warrantless entry into his close friend’s apartment when he was hiding there from the police after having fled an apparent arrest. They were also in hot pursuit of a man with a gun. … Continue reading

Posted in Arrest or entry on arrest, Hot pursuit, Protective sweep, Reasonable suspicion, Standing | Comments Off on D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt