Daily Archives: September 22, 2024

IL: No REP in ER trauma room

There is no reasonable expectation of privacy in a hospital ER trauma room, even though there is under state precedent in a single bedroom. People v. Turner, 2024 IL 129208, 2024 Ill. LEXIS 469 (Sept. 19, 2024). Defendant argued that … Continue reading

Posted in Franks doctrine, Ineffective assistance, Informant hearsay, Probation / Parole search, Reasonable expectation of privacy | Comments Off on IL: No REP in ER trauma room

IL: With MJ decrim, smell of MJ no longer PC

With decriminalization of small amounts of marijuana, the smell of marijuana in a car is no longer probable cause to search. People v. Redmond, 2024 IL 129201, 2024 Ill. LEXIS 464 (Sep. 19, 2024). See techdirt: Court Reminds Cops That … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Probable cause | Comments Off on IL: With MJ decrim, smell of MJ no longer PC

WY: Dog sniff of already parked car didn’t require RS

Defendant left his car at a convenience store’s gas pumps for 30-40 minutes. The police dog sniff while it was parked was not unreasonable. It was not a stop to be extended. Labbe v. State, 2024 WY 99, 2024 Wyo. … Continue reading

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D.Neb.: SW for property not overbroad and sought in GF; it objectively was a single-family home

The officers did their due diligence before the search warrant and saw only that defendant’s property was a single-family dwelling. That’s how it appeared, that’s what public records said. Therefore, they searched in good faith. United States v. Rice, 2024 … Continue reading

Posted in Inevitable discovery, Particularity, Reasonable suspicion, Scope of search, Staleness | Comments Off on D.Neb.: SW for property not overbroad and sought in GF; it objectively was a single-family home

W.D.Pa.: Electronic devices seized in California could be searched in Pennsylvania

Electronic devices seized in California could be searched in Pennsylvania. United States v. Carter, 2024 U.S. Dist. LEXIS 168014 (W.D. Pa. Sep. 18, 2024). Under established precedent, the smell of marijuana alone coming from defendant’s car permits a search of … Continue reading

Posted in Administrative search, Scope of search, Warrant execution | Comments Off on W.D.Pa.: Electronic devices seized in California could be searched in Pennsylvania

OR: The burden on whether the affidavit was with the warrant at the search is on defendant

When the affidavit satisfies particularity but the defendant alleges the warrant doesn’t, he has the burden of proving that both were not attached to each other or at the scene of the search for guidance. State v. Goode, 335 Or. … Continue reading

Posted in Burden of pleading, Cell site location information, Particularity, Probable cause | Comments Off on OR: The burden on whether the affidavit was with the warrant at the search is on defendant

CA9: Inventory of backpack of just released suspect was still reasonable

Defendant was arrested on suspicion of murder, and his backpack was put in the police car. His backpack was briefly searched and nothing was found. He was released after questioning, but his backpack was subjected to a later inventory which … Continue reading

Posted in Dog sniff, Informant hearsay, Inventory, Probable cause, Reasonable suspicion | Comments Off on CA9: Inventory of backpack of just released suspect was still reasonable