Daily Archives: December 31, 2024

W.D.N.Y.: Incorrect AUSA assertion about which phone was searched had to be promptly clarified, not when he or she felt like it

Here, the AUSA was apparently confused in pleadings as to which cell phone was searched, a white or black one. When the AUSA learned that the wrong one was spoken of, he or she had a duty to promptly clarify–not … Continue reading

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E.D.Mo.: Even though threatened with obstruction if he didn’t, defendant consented to seizure of cell phone

The officer had probable cause to believe defendant took a video of a young girl in his house in the bathtub. Defendant was persuaded to turn over the phone and it was consensual. He was told that he might be … Continue reading

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E.D.Ky.: § 1983 complaint against his state case is barred by Younger

Plaintiff’s § 1983 complaint against his state case is barred by Younger. Cuffee v. Cabuay, 2024 U.S. Dist. LEXIS 233153 (E.D. Ky. Dec. 27, 2024).* Defendant has no standing to challenge the search of another person’s cell phone. United States … Continue reading

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DE: After the first SW was overbroad, officers got a second narrower warrant which had an independent source from the first

When the search warrant was found overbroad, a second warrant was issued based on the same information that was far narrower. It was valid because of its independent source. The alleged false statement in the DNA warrant wasn’t. State v. … Continue reading

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OR: 3 am look at def’s car in driveway was unreasonable under state constitution

Officers approached defendant’s house by the driveway and came to the “back door” which was also a way into the house for ordinary visitors. The look at his car at 3 am exceeded implied consent to enter. “[A]t three o’clock … Continue reading

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