Daily Archives: October 14, 2021

Law.com: Analysis: Recent Woes for Prosecutors in Cellphone Searches

Law.com: Analysis: Recent Woes for Prosecutors in Cellphone Searches (“Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.”)

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W.D.Pa.: Warrantless production of state ALPR data to FBI not governed by Carpenter

The FBI requested the state search its Automated License Plate Reader database for defendant’s LPN to trace the movement of his car. Carpenter simply cannot be made to apply to ALPR data. 106 records were found. United States v. Bowers, … Continue reading

Posted in Consent, Informational privacy, Staleness, Surveillance technology, Third Party Doctrine | Comments Off on W.D.Pa.: Warrantless production of state ALPR data to FBI not governed by Carpenter

CA6: 4A does not apply to a growing tree; it is not an “effect”

The Fourth Amendment does not apply to a growing tree which is part of the real property. “But the Supreme Court has told us that real property is not an ‘effect’ within the meaning of the Fourth Amendment. Oliver v. … Continue reading

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FL1: Drug dog sniff of motel door from common hallway reasonable

Drug dog sniff outside motel room door from common hallway invaded no reasonable expectation of privacy. Jardines inapplicable. Robinson v. State, 2021 Fla. App. LEXIS 13874 (Fla. 1st DCA Oct. 13, 2021). Defendant’s actions of pacing and reaching into his … Continue reading

Posted in Curtilage, Ineffective assistance, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on FL1: Drug dog sniff of motel door from common hallway reasonable

VA: Claim of exigency belied by 45 minute wait and then seeking telephonic SW

The officers’ claim they didn’t have time to get a search warrant before entering because the magistrate was 30 minutes away was belied by the fact that they waited 45 minutes and then got a telephone authorization to search after … Continue reading

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OH5: Furtive movement alone during traffic stop not RS

Defendant’s furtive movements alone during a traffic stop did not rise to reasonable suspicion to extend the stop. State v. Snow, 2021-Ohio-3644, 2021 Ohio App. LEXIS 3559 (5th Dist. Oct. 8, 2021). The officer was drawn to encounter defendant because … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Reasonable suspicion | Comments Off on OH5: Furtive movement alone during traffic stop not RS

CA9: Retired LEO as civilian employee qualified under collective knowledge

A retired LEO experienced in drug cases who was now a civilian employee of the department could here be included within the collective knowledge doctrine. United States v. McCoy, 2021 U.S. App. LEXIS 30364 (9th Cir. Oct. 12, 2021). Probable … Continue reading

Posted in Arrest or entry on arrest, Collective knowledge, Probable cause, Waiver | Comments Off on CA9: Retired LEO as civilian employee qualified under collective knowledge