Daily Archives: October 19, 2023

S.D.N.Y.: Def doesn’t show Colombia wiretap was U.S. instigated

Defendants produced nothing to show that U.S. officers enlisted Colombian officers to wiretap their phones there. United States v. Ruiz, 2023 U.S. Dist. LEXIS 186612 (S.D.N.Y. Oct. 16, 2023).* Just because there were discrepancies between the testimony at the suppression … Continue reading

Posted in Foreign searches, Franks doctrine, Plain view, feel, smell | Comments Off on S.D.N.Y.: Def doesn’t show Colombia wiretap was U.S. instigated

E.D.Wis.: Text and Facebook messages about crime justified warrant for them

In a health care fraud case, the government knew that messages about the crime were exchanged by text and Facebook, and that was sufficient to get a search warrant for them. In any event, the good faith exception applied. United … Continue reading

Posted in Issue preclusion, Particularity, Social media warrants | Comments Off on E.D.Wis.: Text and Facebook messages about crime justified warrant for them

E.D.Wis.: No REP in common area of apt building, despite state law to contrary

Rejecting state law to the contrary, the district court holds that there is no reasonable expectation of privacy in the common area of an apartment building under the Fourth Amendment. United States v. Love, 2023 U.S. Dist. LEXIS 186921 (E.D. … Continue reading

Posted in Curtilage, Excessive force, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on E.D.Wis.: No REP in common area of apt building, despite state law to contrary

OR: State const. doesn’t bar checking for warrants during traffic stop

Officers are not prohibited under the state constitution from checking for outstanding warrants during a traffic stop, during a lull or not. There are valid safety and policy reasons for it. State v. Civil, 328 Or App 662, 2023 Ore. … Continue reading

Posted in Burden of pleading, Immigration arrests, Reasonable suspicion, State constitution | Comments Off on OR: State const. doesn’t bar checking for warrants during traffic stop

OH5: No showing of PC and no GFE for SW for Google search history

The search warrant for defendant’s Google search history lacked any justification of why it would produce evidence, that it was even used in planning or executing the alleged crime. It was bare bones, and the good faith exception does not … Continue reading

Posted in Computer and cloud searches, Good faith exception, Probable cause | Comments Off on OH5: No showing of PC and no GFE for SW for Google search history