Daily Archives: May 14, 2023

OK: No GFE* for search under a statute held unconstitutional 18 months before the search

Defendant was stopped and had blood taken after a DUI stop under a statute held unconstitutional 18 months earlier by this court. No good faith exception for a statute still on the books that everyone should have known about. (Defendant … Continue reading

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SD: Def not in custody during DNA SW when asked basic questions

Despite language difficulties, defendant did speak some English, enough to refer to erection difficulties, and he never indicated he didn’t understand. He was not in custody for Miranda purposes when he was asked some basic questions and volunteered information while … Continue reading

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D.Colo.: Racial profiling claim is relevant to officer’s credibility in a civil rights case

In a civil rights case, “Evidence of racial profiling (i.e., bias) by Trooper Padilla would tend to make the fact to which he is expected to testify (i.e., that Plaintiff failed the roadside sobriety tests and thus there was probable … Continue reading

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S.D.N.Y.: Copying cell phone at border was unreasonable, but GFE and a later SW saved it

Defendant’s cell phone was copied when he came back to Newark airport after a flight to Jamaica. “As such, the Court concludes that the Government may not copy and search an American citizen’s cell phone at the border without a … Continue reading

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N.D.Ga.: This is not an “all records” warrant; it was limited to mostly activities in Ethiopia

This was not an “all records” search warrant. It was limited to evidence of defendant’s “affiliation and association with” civilian militias in Ethiopia and that he was indicted and convicted in absentia there. United States v. Belayneh, 2023 U.S. Dist. … Continue reading

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S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

“An affidavit seeking a search warrant for a residence need not contain ‘an allegation that the illegal activity occurred at the location,’ … but it ‘should establish a connection between the defendant and the residence to be searched and a … Continue reading

Posted in Foreign searches, Probable cause, Scope of search, Standing | Comments Off on S.D.Ga.: SW for premises is for evidence and requires no crime on the premises