Daily Archives: July 11, 2021

CA4: No REP in FedEx packages with drugs sent to a dead man as a cover

Defendant had no reasonable expectation of privacy in FedEx packages with drugs sent to a friend’s house in the name of the friend’s deceased brother. United States v. Rose, 2021 U.S. App. LEXIS 20406 (4th Cir. July 9, 2021). When … Continue reading

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ND: Backpack removed from car before dog sniff couldn’t be searched based on dog’s alert on car

Probable cause was lacking to search a backpack removed from a vehicle shortly after the stop but before the dog alerted on the car. Search incident also did not apply: “In the absence of either a concern for officer safety, … Continue reading

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AK: Checking IDs of passengers in traffic stop requires RS under AK Constitution

In a traffic stop, obtaining the passenger’s ID to check for warrants without reasonable suspicion violates the state constitution. Perozzo v. State, 2021 Alas. App. LEXIS 87 (July 9, 2021). Defendant’s ineffective assistance of counsel claim for failure to object … Continue reading

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CA9: Ptf stated claim for unnecessary destruction of home in executing SW

Plaintiff stated a claim for unnecessary destruction of his home by police in executing a search warrant. Denby v. Engstrom, 2021 U.S. App. LEXIS 20397 (9th Cir. July 9, 2021):

Posted in Warrant execution | Comments Off on CA9: Ptf stated claim for unnecessary destruction of home in executing SW

CA8: Cell tower warrant to ID robbers was reasonable and with PC

Cell phone tower warrant in an effort to solve multiple robberies by identifying repeated phone use was reasonable when the question is a “substantial basis,” which there was. United States v. James, 2021 U.S. App. LEXIS 20336 (8th Cir. July … Continue reading

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W.D.N.Y.: SI lacking PC is suppressed

Defendant was arrested and searched incident to arrest, and the court finds no valid basis for the search. He was too far away from and out of sight of the drugs the government was attempting to link to him. United … Continue reading

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The Bitcoin IRS data appeal in CA1

Bitcoin.com: NCLA Files Appeal Against the IRS — Law Firm Claims Tax Agency Unlawfully Seizes Crypto Data of Thousands by Jamie Redman (“On Friday, the public interest law firm New Civil Liberties Alliance (NCLA) filed an opening brief in the … Continue reading

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