Daily Archives: January 25, 2023

D.D.C.: Geofence warrant for cell phones in Capitol building during 1/6 insurrection was valid and relied on in good faith

The D.C. District Court upheld a geofence warrant for cell phones located in the Capitol building during the 1/6 insurrection. Surveying all the cases, and there aren’t many, and noting that there is a margin of error as to accuracy … Continue reading

Posted in geofence, Good faith exception | Comments Off on D.D.C.: Geofence warrant for cell phones in Capitol building during 1/6 insurrection was valid and relied on in good faith

IL: Even with recreational MJ, smell in a car can provide PC; pre-rec precedent adhered to

Even with recreational marijuana, it has to be transported in odor proof containers, and that means the smell of marijuana remains probable cause in Illinois. People v. Hall, 2023 IL App (4th) 220209, 2023 Ill. App. LEXIS 12 (Jan. 25, … Continue reading

Posted in Abandonment, Plain view, feel, smell, Probable cause | Comments Off on IL: Even with recreational MJ, smell in a car can provide PC; pre-rec precedent adhered to

KY: 21-month delay for SW for cell phone not unreasonable where def in custody

Officers had probable cause and nexus and showed particularity to defendant’s cell phone. He’d previously been accused of recording undressed women and was involved in an upskirting. Here he’d been accused of sex with drugged women and recording some of … Continue reading

Posted in Exclusionary rule, Ineffective assistance, Inventory, Reasonableness | Comments Off on KY: 21-month delay for SW for cell phone not unreasonable where def in custody

S.D.Miss.: Even suppressed drugs can be figured into drug weight for sentencing

Even if a motion to suppress had been pursued and defendant prevailed, suppressed drug weight can be used at sentencing. United States v. Coleman, 2023 U.S. Dist. LEXIS 10826 (S.D. Miss. Jan. 23, 2023). Pro se plaintiffs fail to state … Continue reading

Posted in Exclusionary rule, Nexus, Open fields | Comments Off on S.D.Miss.: Even suppressed drugs can be figured into drug weight for sentencing