Daily Archives: May 17, 2023

W.D.Pa.: Car parked in driveway was not on protected curtilage

Defendant’s car parked on his driveway was not on the curtilage. It was close to the house, but there was no enclosure or carport like Collins. United States v. Moses, 2023 U.S. Dist. LEXIS 84247 (W.D. Pa. May 12, 2023). … Continue reading

Posted in Curtilage, Pretext | Comments Off on W.D.Pa.: Car parked in driveway was not on protected curtilage

CA2: GFE applies to particularity of SWs too

The good faith exception applies to particularity questions where the officer cannot reasonably be expected to question the scope of the warrant. United States v. Walker, 2023 U.S. App. LEXIS 11798 (2d Cir. May 15, 2023). “Given that a police … Continue reading

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CA2: Protective sweep while SW being obtained saved by independent source doctrine

Officers conducted a protective sweep while a search warrant was in the process of being obtained, so the independent source rule applies. United States v. Schleede, 2023 U.S. App. LEXIS 11803 (2d Cir. May 15, 2023). Plaintiff didn’t state a … Continue reading

Posted in Excessive force, Independent source | Comments Off on CA2: Protective sweep while SW being obtained saved by independent source doctrine