Daily Archives: December 19, 2024

D.S.C.: No standing in suitcase on def’s back porch he wouldn’t claim

Defendant didn’t have standing to challenge the search of a suitcase on the back porch of his house that he didn’t claim ownership of. United States v. Lane, 2024 U.S. Dist. LEXIS 227893 (D.S.C. Dec. 17, 2024).* Plaintiff’s Fourth Amendment … Continue reading

Posted in Burden of pleading, Issue preclusion, Standing | Comments Off on D.S.C.: No standing in suitcase on def’s back porch he wouldn’t claim

N.D.Iowa: Govt’s exigency claim to enter defendant’s garage is rejected

“To the extent defendants assert that the warrantless entry was necessary to continue a purported temporary detention of Wheelock to further their investigation, that is not a recognized exigency or exception to justify a warrantless entry into a home or … Continue reading

Posted in Curtilage, Emergency / exigency, Protective sweep, Standing | Comments Off on N.D.Iowa: Govt’s exigency claim to enter defendant’s garage is rejected

OH10: Foundation for Facebook exhibits provided by seizing officer

The evidentiary foundation for Facebook messages under rule 901 was established by the officer obtaining the Facebook warrant. State v. Lathon, 2024-Ohio-5886, 2024 Ohio App. LEXIS 4539 (10th Dist. Dec. 18, 2024). Officers had neither probable cause nor reasonable suspicion … Continue reading

Posted in Admissibility of evidence, Reasonable suspicion, Warrant execution | Comments Off on OH10: Foundation for Facebook exhibits provided by seizing officer

OH10: Suicidal domestic call followed by ShotSpotter alert was RS

Police had a call about a domestic situation with a suicidal man with a gun. Shortly thereafter, there was a ShotSpotter alert of 20 gunshots from a house nearby. Officers arrived and patted down those found there. This is substantially … Continue reading

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