MN: McNeely retroactive under Birchfield

“The rule announced in Missouri v. McNeely, 569 U.S. 141, 133 S. Ct. 1552 (2013), that the dissipation of alcohol in the bloodstream is not a per se exigency justifying the warrantless search of a suspected impaired driver-applies retroactively when a petitioner challenges a final conviction for test refusal under the rule announced by the Supreme Court in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016).” (Syllabus) Hagerman v. State, 2020 Minn. App. LEXIS 154 (June 1, 2020).

Defendant’s no merit brief Carpenter claim that there is a reasonable expectation of privacy in his ISP’s subscriber and usage information is denied. United States v. Popa, 2020 U.S. App. LEXIS 17212 (6th Cir. May 29, 2020).*

The district court found that omitting any false information from the affidavit for this search warrant still left probable cause is correct and affirmed. United States v. Weathers, 2020 U.S. App. LEXIS 17222 (11th Cir. June 1, 2020).*

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