Daily Archives: October 25, 2024

GA: Car GPS reported to dealer, and officer got SW for the GPS data

Defendant’s car GPS snitched him off to the dealer where the officers got the ping information. “The Cobb detective also discovered that the Camry had a GPS system that pinged its location to the dealership, and she obtained a search … Continue reading

Posted in GPS / Tracking Data, Pole cameras, Reasonable suspicion | Comments Off on GA: Car GPS reported to dealer, and officer got SW for the GPS data

M.D.Ala.: Officers executing arrest warrant at house could do protective sweep

Officers executing an arrest warrant for murder could conduct a protective sweep. United States v. Moss, 2024 U.S. Dist. LEXIS 191835 (M.D. Ala. Sep. 9, 2024), adopted, 2024 U.S. Dist. LEXIS 190695 (M.D.Ala. Oct. 21, 2024). Children’s services “ordering” plaintiff … Continue reading

Posted in Drug or alcohol testing, Issue preclusion, Protective sweep | Comments Off on M.D.Ala.: Officers executing arrest warrant at house could do protective sweep

LA5: SW support was thin, but def didn’t carry burden to overcome presumption of validity

Here the affidavit had a gratuitous statement that there were federal wiretaps, but they didn’t involve defendant. Still, it made it into the affidavit for warrant along with identification information. There were also observations of him going into suspect premises. … Continue reading

Posted in Burden of proof, Probable cause, Suppression hearings | Comments Off on LA5: SW support was thin, but def didn’t carry burden to overcome presumption of validity

D.S.D.: Resistance to a frisk can help justify it

Aside from there being a basis for a frisk, defendant’s resistance to it justified it under circuit precedent. United States v. Gatnoor, 2024 U.S. Dist. LEXIS 191729 (D.S.D. Oct. 18, 2024). “We agree that, on this record, Burks failed to … Continue reading

Posted in Emergency / exigency, Reasonable suspicion, Stop and frisk, Waiver | Comments Off on D.S.D.: Resistance to a frisk can help justify it

D.Mass.: Four-month delay in searching lawfully seized cell phone here not unreasonable

Four month delay in searching cell phones after lawfully seizing them was not unreasonable. “Defendant relies primarily on United States v. Smith, a Second Circuit case. … There, in assessing whether a thirty-one day delay between police seizing a tablet … Continue reading

Posted in Cell phones, Excessive force, Probable cause, Standing, Warrant execution | Comments Off on D.Mass.: Four-month delay in searching lawfully seized cell phone here not unreasonable

W.D.Pa.: Police officer can answer a dropped cell phone without violating 4A; that’s not a search

“Similarly, where an officer is legitimately in possession of a cell phone dropped at the scene of a crime and observes, in plain view, an incoming call arriving on the cell phone, the officer may lawfully answer the incoming call … Continue reading

Posted in Abandonment, Cell phones | Comments Off on W.D.Pa.: Police officer can answer a dropped cell phone without violating 4A; that’s not a search

LA: Judge’s arbitrarily denying or slow walking SW requests violates Canons of Judicial Conduct

A state judge who sat on search warrant requests, didn’t know the definition of probable cause despite having been a former prosecutor and defense lawyer for 15 years, and imposed unnecessary legal requirements on the state to obtain warrants violated … Continue reading

Posted in Neutral and detached magistrate | Comments Off on LA: Judge’s arbitrarily denying or slow walking SW requests violates Canons of Judicial Conduct