Daily Archives: August 1, 2023

D.C.Cir.: ‘“Let me see your waistband’–amounted to a show of authority.”

“Here, Officer Tejada initially approached Gamble and asked him a question: ‘Ain’t got no gun on you, man?’” ‘“Let me see your waistband’–amounted to a show of authority.” United States v. Gamble, 2023 U.S. App. LEXIS 19695 (D.C.Cir. Aug. 1, … Continue reading

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E.D.Mich.: A place probationer spent some nights wasn’t his official residence for probation search

Probation staff and the government failed to prove that the place searched under a probation search condition was defendant’s place. He was permitted to stay with relatives on occasion but those were not his residences. The search is suppressed. United … Continue reading

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AZ: Defense should get discovery of victim’s GPS to try to make a defense

The defendant here sought discovery of the alleged victim’s GPS information from his car in an effort to prove someone else was involved in the crime. The court concludes that this is private action (although enforced by court) and the … Continue reading

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CA11: Lawyers were arrested for interfering with cell phone search

In a CPS-type case, there was a search warrant for two cell phones with alleged child pornography on them, and officers were going to execute them outside a hearing in the courthouse. Watching on surveillance video, officers saw the phones’ … Continue reading

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RI: Officer doesn’t need to state a reason for occupants to get out of car under Mimms

Under Mimms, the occupants can be ordered out of the car during a stop. The fact the trial judge disagreed with the three rationales offered for it by the officer doesn’t matter. State v. Li, 2023 R.I. LEXIS 90 (July … Continue reading

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N.D.Iowa: BIA officer conducted high volume traffic stops for drug interdiction

The officer here was a Bureau of Indian Affairs highway officer with four states in his purview. He admittedly stops a lot of motorists, and he also does drug interdiction. He stopped defendant for following too close, engaged in conversation, … Continue reading

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D.Conn.: Apparent overbreadth in SW cured by GFE on how it was executed and on what

The search warrant didn’t specify the crime under investigation and that was a problem for particularity. That could have been cured by the affidavit being attached to the warrant at execution but it wasn’t. It was referred to in the … Continue reading

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