W.D.N.Y.: SW for telephone records not required instead of a subpoena

Defendant was entitled to a search warrant rather than a search warrant to obtain his telephone records. United States v. McClain, 2020 U.S. Dist. LEXIS 55427 (W.D. N.Y. Mar. 30, 2020).

The search warrant application for child pornography wasn’t at all stale. There was probable cause for the warrant. “We are unpersuaded by Augard’s claim that the good-faith exception does not apply because Detective Kelly did not inform the issuing judge that the house was owned by his parents and that he had moved several times since 2005.” United States v. Augard, 2020 U.S. App. LEXIS 10016 (8th Cir. Mar. 31, 2020).*

Summary judgment was properly granted for the officer who shot a man with a knife who came at the officer with it after refusing to drop it. Plaintiff’s claims that the knife was planted were mere speculation. King v. Hendricks County Comm’rs, 2020 U.S. App. LEXIS 10085 (5th Cir. Mar. 31, 2020).*