MA: CSLI seized before state law clarified; remanded

CSLI was seized: one defendant five days worth, another seven days worth. State case law all developed after that happened, so remanded to reconsider the CSLI under those cases. Commonwealth v. Tewolde, 2015 Mass. App. LEXIS 156 (October 1, 2015).

Defendant’s traffic stop was with probable cause. Woods v. State, 2015 Miss. App. LEXIS 496 (September 29, 2015);* Cameron v. State, 2015 Miss. App. LEXIS 490 (September 29, 2015).*

After a Sixth Circuit habeas reversal that there was an apparent County of Riverside v. McLaughlin issue for defendant’s first appearance taking more than 48 hours, the court finds defendant’s confession valid. “While not totally clear, it appears that the Defendant made his first confession before being in custody for more than forty-eight hours. It also appears that part of the delay in the forty-eight hour time frame was caused by the Defendant’s desire to speak with his mother. Because of the ambiguity and because some of the delay is attributable to the Defendant, we conclude that the Defendant’s detention was not illegal. Accordingly, we affirm the judgment of the trial court.” State v. Norris, 2015 Tenn. Crim. App. LEXIS 798 (September 30, 2015).