OR: Impoundment of defendant’s car in his own driveway was unreasonable

In an almost identical case, the Ninth Circuit previously held that impoundment of defendant’s car parked in his own driveway was unconstitutional. Using the community caretaking to seize defendant’s car from his driveway for safekeeping was unreasonable. State v. Gonzales, 2014 Ore. App. LEXIS 1315 (October 1, 2014).

The state failed to establish that exigent circumstances for Fourth Amendment purposes existed to justify the warrantless taking of defendant’s blood, so the suppression order is affirmed. State v. Kennedy, 2014 Tenn. Crim. App. LEXIS 930 (October 3, 2014).*

The first cell phone search warrant affidavit was presented to a state court judge who refused to sign it. The affidavit was revised and even mentioned the prior denial. With the added information, the revised affidavit showed probable cause to search the telephone when the warrant finally issued. United States v. Van Praagh, 2014 U.S. Dist. LEXIS 140581 (S.D. N.Y. October 1, 2014).