Daily Archives: December 29, 2022

N.D.Okla.: NCIS SW in Japan as violation of Posse Comitatus Act was waived by guilty plea

Defendant was the subject of an NCIS search warrant while stationed in Japan. That led to his prosecution in the Northern District of Oklahoma. His guilty plea waived his claim the Posse Comitatus Act was somehow violated. United States v. … Continue reading

Posted in Overseizure, Probable cause, Waiver | Comments Off on N.D.Okla.: NCIS SW in Japan as violation of Posse Comitatus Act was waived by guilty plea

NY Monroe Co.: Parts of NY red flag law may violate 2A and 4A

Parts of the NY red flag law concern the court. A taking of firearms should be based on a mental health professional’s assessment of danger to protect both Second and Fourth Amendment rights and procedural rights. G.W. v. C.N., 2022 … Continue reading

Posted in Seizure | Comments Off on NY Monroe Co.: Parts of NY red flag law may violate 2A and 4A

E.D.N.Y.: “MS-13 paraphernalia, photographs, and/or graffiti” satisfied particularity

In a RICO prosecution of MS-13, the search warrant included “MS-13 paraphernalia, photographs, and/or graffiti” and this satisfied particularity. United States v. Saenz, 2022 U.S. Dist. LEXIS 231895 (E.D.N.Y. Dec. 27, 2022):

Posted in Particularity | Comments Off on E.D.N.Y.: “MS-13 paraphernalia, photographs, and/or graffiti” satisfied particularity

TN: SW for cell phone images of drugs supported accidental finding of CP

Officers had a search warrant for defendant’s phone to look for images and messages about drug transactions. That led them to stumble upon child pornography as well. The warrant and search were valid. State v. Greenman, 2022 Tenn. Crim. App. … Continue reading

Posted in Probable cause, Reasonable suspicion, Scope of search | Comments Off on TN: SW for cell phone images of drugs supported accidental finding of CP