Daily Archives: November 27, 2024

TX1: GPS installed by dealer in a used car was owned by dealer and was not comparable to CSLI

Defendant bought a used car that the dealer had GPS installed in if necessary to recover it. The police accessed that information without a warrant to connect him to a murder. The contract for the vehicle told defendant about the … Continue reading

Posted in Cell site location information, GPS / Tracking Data, Third Party Doctrine | Comments Off on TX1: GPS installed by dealer in a used car was owned by dealer and was not comparable to CSLI

D.Mass.: Gun suppressed in FIPF case still not excludable in violation of supervised release

Defendant was an alleged felon in possession and was charged with a new federal crime and a violation of his supervised release. He was sentenced to 22 months on the violation. The gun was suppressed in the new gun case … Continue reading

Posted in Consent, Exclusionary rule, Issue preclusion, Probation / Parole search, Voluntariness | Comments Off on D.Mass.: Gun suppressed in FIPF case still not excludable in violation of supervised release

OH12: No reason why a federal search warrant can’t result in a state prosecution

A federal search warrant produced the drugs in question, and they were not inadmissible for that reason in a state prosecution. State v. Hana, 2024-Ohio-5548, 2024 Ohio App. LEXIS 4234 (12th Dist. Nov. 25, 2024). The trial court found that … Continue reading

Posted in Automobile exception, Private search, Warrant requirement | Comments Off on OH12: No reason why a federal search warrant can’t result in a state prosecution

CA6: Defense counsel not ineffective for not forecasting Carpenter three years early

Defense counsel wasn’t ineffective for not forecasting Carpenter years before it was decided. Cooper v. United States, 2024 U.S. App. LEXIS 29853 (6th Cir. Nov. 22, 2024).* Defendant was on parole for a child exploitation offense, and he was polygraphed … Continue reading

Posted in Cell site location information, Ineffective assistance, Probation / Parole search, Reasonable suspicion, Warrant papers | Comments Off on CA6: Defense counsel not ineffective for not forecasting Carpenter three years early

CA2: No less intrusive measures requirement before seeking CSLI

“The CSLI and cell-site simulator warrants provided evidence of the general and specific location of one of Brown’s cell phones and, therefore, of Brown’s likely movements between his indictment and arrest. Brown contends that investigators procured these warrants by falsely … Continue reading

Posted in Cell site location information, Franks doctrine, Informant hearsay | Comments Off on CA2: No less intrusive measures requirement before seeking CSLI