Daily Archives: January 20, 2023

CA2: Arrested at gunpoint, handcuffed, and unMirandized, def still consented

Defendant had been arrested and handcuffed and officers had weapons drawn, and he hadn’t yet been Mirandized. Still, on the totality, he consented to the search. United States v. Collins, 2023 U.S. App. LEXIS 1257 (2d Cir. Jan. 19, 2023). … Continue reading

Posted in Arrest or entry on arrest, Consent, Probable cause | Comments Off on CA2: Arrested at gunpoint, handcuffed, and unMirandized, def still consented

S.D.Ill.: When moving to suppress “data” one has to be specific

Defendant’s motion to suppress “data” and “associated data” fails because of his failure to show what and where it was or could be. (It kind of becomes a general motion to suppress.) United States v. Smith, 2023 U.S. Dist. LEXIS … Continue reading

Posted in Burden of pleading, Motion to suppress | Comments Off on S.D.Ill.: When moving to suppress “data” one has to be specific