Daily Archives: January 18, 2025

D.Minn.: Overdose call justified frisk

Police encountered defendant because he was experiencing an overdose. A frisk of his pockets for the cause produced a gun. United States v. Wright, 2024 U.S. Dist. LEXIS 236845 (D. Minn. Nov. 25, 2024), adopted, 2025 U.S. Dist. LEXIS 4921 … Continue reading

Posted in Computer and cloud searches, Emergency / exigency, Probable cause | Comments Off on D.Minn.: Overdose call justified frisk

CA2: Mental health seizure for danger to self or others requires PC and exigency

“[A] ‘warrantless seizure for the purpose of involuntary hospitalization may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is dangerous to [him]self or to others.” Singh v. City … Continue reading

Posted in Emergency / exigency, Inventory, Probable cause, Reasonable suspicion | Comments Off on CA2: Mental health seizure for danger to self or others requires PC and exigency

DE: Probation searches of individuals include their residence

The statute on individuals subject to probation searches includes their residences. State v. Crooks, 2024 Del. Super. LEXIS 830 (Dec. 31, 2024). There were exigent circumstances based on the reported gunshot, potential threat to officers and public safety, and the … Continue reading

Posted in Consent, Probation / Parole search, Scope of search | Comments Off on DE: Probation searches of individuals include their residence

W.D.Pa.: No standing to contest civil investigative demands to third parties over medical records

Defendant had no standing to contest civil investigative demands to third parties, even involving medical records of others. United States v. Hertel & Brown Physical & Aquatic Therapy, 2025 U.S. Dist. LEXIS 6437 (W.D. Pa. Jan. 13, 2025):

Posted in Privileges, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on W.D.Pa.: No standing to contest civil investigative demands to third parties over medical records

D.Minn.: Photographs could be taken during execution of SW

Photographs could be taken during execution of a search warrant. United States v. Schultz, 2024 U.S. Dist. LEXIS 236848 (D. Minn. Dec. 2, 2024), adopted, 2025 U.S. Dist. LEXIS 4918 (D. Minn. Jan. 10, 2025). In a case involving whether … Continue reading

Posted in Admissibility of evidence, Reasonable suspicion, Scope of search, Seizure | Comments Off on D.Minn.: Photographs could be taken during execution of SW

E.D.Mich.: Officer seizing notebooks couldn’t authenticate them as exhibits at trial

The seizing officer could not authenticate defendant’s notebooks as evidence at the trial. He had no knowledge about how they came into being. United States v. Sherman, 2025 U.S. Dist. LEXIS 5696 (E.D. Mich. Jan. 12, 2025). Defendant’s admission at … Continue reading

Posted in Admissibility of evidence, Emergency / exigency | Comments Off on E.D.Mich.: Officer seizing notebooks couldn’t authenticate them as exhibits at trial