Daily Archives: December 4, 2023

E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

Some of the items seized under the warrant were named or were covered by plain view when the police got inside. Some are excludable, but they aren’t returned because the government intends to forfeit. United States v. Abdul-Latif, 2023 U.S. … Continue reading

Posted in Exclusionary rule, Forfeiture, Ineffective assistance, Overseizure, Scope of search, Waiver | Comments Off on E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

DC: Search of probationer’s GPS monitor didn’t require a SW

Defendant was on GPS electronic monitoring while on probation. The search of his EM device to prove he was involved in a robbery was not unreasonable. Moreover, even if the probation department’s regulations were somehow violated, the exclusionary rule should … Continue reading

Posted in Border search, GPS / Tracking Data, Probation / Parole search, Qualified immunity | Comments Off on DC: Search of probationer’s GPS monitor didn’t require a SW