Daily Archives: May 18, 2022

CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

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CA7: Despite govt’s not raising abandonment, the court finds it anyway

The government conceded no abandonment and sought other exceptions to the warrant requirement. The court of appeals finds abandonment anyway because the record is clear. In addition, an allegation of a Franks violation fails without alleging that probable cause does … Continue reading

Posted in Abandonment, Franks doctrine, Waiver | Comments Off on CA7: Despite govt’s not raising abandonment, the court finds it anyway

Plead the Fifth Podcast: “May I search your phone, with good faith?”

Plead the Fifth Podcast: “May I search your phone, with good faith?” (“Can a police officer search a criminal suspect’s cell phone in full, when the only charge in the warrant was drug possession, and the affidavit provided barebone justification? … Continue reading

Posted in Cell phones | Comments Off on Plead the Fifth Podcast: “May I search your phone, with good faith?”