Daily Archives: October 6, 2021

W.D.N.Y.: Ongoing murder investigation with other SWs executed did not make this SW stale

Three weeks passed in a murder investigation between officers thinking they might have to search and getting the search warrant. Other search warrants were obtained in the interim, and the investigation was ongoing. The delay was reasonable. United States v. … Continue reading

Posted in Uncategorized | Comments Off on W.D.N.Y.: Ongoing murder investigation with other SWs executed did not make this SW stale

CA6: Def counsel not ineffective for not challenging car search on curtilage from 2008 under Jardines and Collins

Defense counsel considered and chose not to file a motion to suppress. At the time (2008) the law was less clear than now about automobiles on the curtilage and computers in the car as a “container.” Jardines and Collins came … Continue reading

Posted in Automobile exception, Ineffective assistance | Comments Off on CA6: Def counsel not ineffective for not challenging car search on curtilage from 2008 under Jardines and Collins

D.Mass.: Court sua sponte reconsiders denial of Franks challenge and grants it

The court sua sponte reconsiders its prior denial of a motion to suppress for a Franks violation and grants it. The critical paragraph in the affidavit identifying defendant was clearly misstated. United States v. Hallman, 2021 U.S. Dist. LEXIS 191780 … Continue reading

Posted in Franks doctrine | Comments Off on D.Mass.: Court sua sponte reconsiders denial of Franks challenge and grants it

E.D.Pa.: Multitude of facts supports nexus of evidence of robbery to def’s home

“Based upon the magnitude of the facts described in the search warrant affidavit, the issuing judge was justified in drawing a reasonable inference that physical evidence of Defendant’s alleged robberies would be found at his home. Defendant’s charged crimes, two … Continue reading

Posted in Franks doctrine, Nexus | Comments Off on E.D.Pa.: Multitude of facts supports nexus of evidence of robbery to def’s home

KY: Stop of a known druggy on the street was without RS

Two officers in two cars pulled up on defendant walking down the street with another known druggy. The officers and defendant knew each other because they’d arrested him before. The trial court did not err in finding this was a … Continue reading

Posted in Reasonable suspicion, Waiver | Comments Off on KY: Stop of a known druggy on the street was without RS

E.D.N.Y.: 101 day delay in cell phone SW after seizure not 4A violation

The delay between the search and the seizure of defendant’s cell phones seized on his arrest was 101 days long, but, compared to the reduced privacy interest in the phone because of evidentiary value, it was not constitutionally unreasonable. United … Continue reading

Posted in Cell phones, Knock and announce, Waiver | Comments Off on E.D.N.Y.: 101 day delay in cell phone SW after seizure not 4A violation

ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass

A drug dog’s nose through a car window before alerting is a search and a Jones trespass. De minimis, yet, but still a trespass. There was no probable cause for the automobile exception, and the state waived standing by not … Continue reading

Posted in Dog sniff, Search, Trespass | Comments Off on ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass