S.D.Ga.: Def was a day visitor, and it was tenuous at best he had standing; once he left, he sure didn’t

“As an initial matter, it is not clear that Lang even has standing to challenge the warrant. Lang testified (against the advice of counsel) that he was merely a temporary guest in his girlfriend’s mother’s residence, there to help ‘clean up’ after its owner/occupant’s death, that law enforcement did not search the premises while he was present and had refused to consent to any search, and that he was already in custody at the time the warrant was executed the following day.” … “Defendant has not met his burden to show that he had a subjective — much less a legitimate — expectation of privacy sufficient to challenge the search of someone else’s home, in which he was no more than a visitor, when he was no longer present.” United States v. Lang, 2018 U.S. Dist. LEXIS 218641 (S.D. Ga. Dec. 11, 2018), adopted, 2019 U.S. Dist. LEXIS 2679 (S.D. Ga. Jan. 7, 2019).

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OH2: PC for SW for flash drive for possible evidence was shown by prior allegation of recorded assault

The officer had reasonable suspicion to stop defendant for suspicion of sexual assault since he was leaving the house from where the report came at 2:30 am. A search warrant for a flash drive found in defendant’s backpack was reasonable because the officer had information that defendant had allegedly previously recorded a sexual assault. State v. Brady, 2019-Ohio-46, 2019 Ohio App. LEXIS 54 (2d Dist. Jan. 11, 2019).

“‘The informing or failure to inform the accused concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of § 4177 of this Title.’” State v. Drake, 2018 Del. Super. LEXIS 1946 (Dec. 21, 2018)

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Cal.4: There is no 4A issue in police creating fake social media identities to “friend” a suspect to see more private pages

There is no Fourth Amendment issue in a police officer posing as a false friend on social media accounts to see defendant’s private pages he shares with others. Here, defendant was seen wearing a gold chain taken from his robbery victim, and it was admissible in evidence. People v. Pride, 2019 Cal. App. LEXIS 34 (4th Dist. Jan. 11, 2019).

Defendant consented to a search of text messages on his cell phone for alleged sexual extortion evidence, which led to finding a picture of sex with a minor. The consent was voluntary. United States v. Gitto, 2019 CCA LEXIS 6 (N-M Ct. Crim. App. Jan. 9, 2019).*

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CA6: Carpenter decided after notice of appeal didn’t apply to defendant

CSLI was admitted at trial without objection. Carpenter was decided after the notice of appeal. On plain error review, there is no error because the CSLI was lawfully obtained at the time and the good faith exception applies. United States v. Ibarra-Banuelos, 2019 U.S. App. LEXIS 981 (6th Cir. Jan. 10, 2019).*

Defendant’s tag light being out was cause for his stop, and then the officer smelled marijuana coming from the car. United States v. Hardy, 2018 U.S. Dist. LEXIS 218691 (W.D. Tenn. Nov. 21, 2018), adopted, 2019 U.S. Dist. LEXIS 2524 (W.D. Tenn. Jan. 7, 2019).*

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CA6 sustains Playpen warrant under GFE

Playpen warrant was valid under good faith exception. United States v. Moorehead, 2019 U.S. App. LEXIS 639 (6th Cir. Jan. 9, 2019).*

Defendant was not entitled to discovery of the exploit code used in the NIT warrant to locate him. Many other cases are in accord. United States v. Tagg, 2019 U.S. Dist. LEXIS 3828 (E.D. Mich. Jan. 9, 2019).*

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CA9: Exclusionary rule doesn’t apply is SSI proceedings unless illegal search “egregious”

The exclusionary rule does not apply to a Social Security ALJ’s determination on supplemental income unless the illegal search can be shown to be egregious. Viewing the video, this one was not. Foote v. Berryhill, 2019 U.S. App. LEXIS 928 (9th Cir. Jan. 10, 2019):
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Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ScotusBlog: Mitchell v. Wisconsin, 18-6210 (granted Jan. 11, 2019). Issue: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.

Posted here: WI: Drinking and driving until unconsciousness obviates def’s chance to withdraw implied consent. Opinion below: State v. Mitchell, 2018 WI 84, 383 Wis. 2d 192, 914 N.W.2d 151 (July 3, 2018).

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techdirt: CBP Will Search You And Your Property If You’re Paying Too Much Attention To An Agent. Or Too Little.

techdirt: CBP Will Search You And Your Property If You’re Paying Too Much Attention To An Agent. Or Too Little. by Tim Cushing:
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IA: PC for car search includes purse found in it

Probable cause for search of a car includes a woman’s purse found in the car. State v. Swenson, 2019 Iowa App. LEXIS 36 (Jan. 9, 2019).

A dog sniff of a car doesn’t require reasonable suspicion or probable cause something will be found before it happens. Defendant’s claim a search warrant was required for a dog sniff has no authority whatsoever and is contrary to settled law here. State v. Apfel, 2019 Iowa App. LEXIS 31 (Jan. 9, 2019).

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S.D.Fla.: Observing MLAT search in Canada not enough to invoke “joint venture” doctrine

The government’s MLAT request to Canada to seize records there and then being there to observe for relevance of what was seized was not a “joint venture” when Canada acted on the request. A “joint venture” requires actual involvement, not observation. United States v. Kachkar, 2018 U.S. Dist. LEXIS 218445 (S.D. Fla. Dec, 26, 2018), adopted, 2019 U.S. Dist. LEXIS 1665 (S.D. Fla. Jan. 4, 2019):
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SCOTUS: In QI in excessive force cases, a “clearly established” right needs to be defined with specificity

In confronting qualified immunity in excessive force cases, a “clearly established” right needs to be defined with specificity. City of Escondido v. Emmons, 17-1660 (U.S. Jan. 7, 2019) (per curiam) [pdf at 27]:
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ABAJ: How to redact a PDF and protect your clients

ABAJ: How to redact a PDF and protect your clients by Jason Tashea:
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