Daily Archives: October 30, 2024

OH4: Return of cell phone denied; it’s still potential evidence, and part of delay is refusing to give passcode

“Based on our review of the record, we find the trial court did not abuse its discretion in denying Smith’s motion for return of his electronic devices. At the time of Smith’s request, it appears that the property was still … Continue reading

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N.D.Cal.: Second frisk at scene of SW was still with RS

Defendant was frisked a second time during execution of a search warrant, and a gun was found. The second frisker didn’t know about the first. There was still reasonable suspicion for a frisk that he was armed and dangerous. United … Continue reading

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OH7: Postal worker’s information about defendant’s cash and mail was PC for warrant

A postal worker’s information that defendant had lots of cash and was receiving packages that smelled like marijuana was probable cause for his house. State v. Middleton, 2024-Ohio-5172, 2024 Ohio App. LEXIS 3877 (7th Dist. Oct. 28, 2024).* The use … Continue reading

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N.D.Iowa: There was PC before the dog stuck his nose through the window

The dog sticking his nose through the window was a search, but the officers already had probable cause by then. Therefore, no exclusionary. United States v. Newberry, 2024 U.S. Dist. LEXIS 195271 (N.D. Iowa Oct. 28, 2024). On the government’s … Continue reading

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Podcast: Fourth Amendment Protections in a Connected World

Digital Boundaries: Fourth Amendment Protections in a Connected World — The Presumption of Innocence (Podcast) (“Modern technology is testing the limits of the Fourth Amendment and redefining the parameters of privacy. Michael Price, Litigation Director of the Fourth Amendment Center … Continue reading

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