Daily Archives: January 24, 2022

CA7: Record supported finding that stop was not unreasonably extended

Whether a traffic stop was unreasonably extended for a drug dog to arrive is reviewed for clear error. The stop here was for overtinting, and the officer processed a warning by entering the information into the patrol car’s computer. He … Continue reading

Posted in Arrest or entry on arrest, DNA, Ineffective assistance, Reasonableness, Standards of review | Comments Off on CA7: Record supported finding that stop was not unreasonably extended

MI: No REP in overheard jail conversations between cells recorded through intercoms

Defendants were in jail together, in separate cells 20′ apart (#1 & #4) and talking about their case through the doors’ openings. Jailers could overhear them. “When jail personnel noticed that defendants were communicating with each other by speaking loudly … Continue reading

Posted in GPS / Tracking Data, Prison and jail searches, Reasonable expectation of privacy, Standing | Comments Off on MI: No REP in overheard jail conversations between cells recorded through intercoms

D.R.I.: Removing back cover of cell phone to see the serial number not unreasonable during inventory

Defendant was in a car that was stopped for overtinting, and that led to a tow and inventory. The police searched for and obtained the serial numbers of four cell phones found during the inventory. They were not otherwise searched, … Continue reading

Posted in Cell phones, Inventory | Comments Off on D.R.I.: Removing back cover of cell phone to see the serial number not unreasonable during inventory