DE: No nexus shown between cell phone and the crime under investigation

The search warrant application didn’t show a nexus between the phone and the crime under investigation. State v. Reese, 2019 Del. Super. LEXIS 140 (Mar. 18, 2019):
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S.D.Ga.: Rule 41(g) doesn’t enable return of property the govt doesn’t have

Property not in the hands of the federal government cannot be ordered returned under Rule 41(g). Administratively forfeited case can’t be returned; there was a remedy. United States v. Morris, 2019 U.S. Dist. LEXIS 45071 (S.D.Ga. Mar. 19, 2019).

Defendant’s car being blocked in was a seizure because it meant he wasn’t free to leave. The officer had word that the car was stolen, and the VIN was run. Defendant claimed it wasn’t his car; he was just cleaning it out. There was, however, reasonable suspicion. United States v. Baca, 2019 U.S. Dist. LEXIS 45100 (D.N.M. Mar. 18, 2019).*

Defendant’s guilty plea waived his possible appeal of his suppression motion. People v. Brown, 2019 NY Slip Op 02178, 2019 N.Y. App. Div. LEXIS 2192 (3d Dept. Mar. 21, 2019).*

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WaPo Retropod: Robert Morris, the creator of the subpoena

WaPo Retropod: Robert Morris, the creator of the subpoena (6:05):

The history of subpoenas, and the fiery congressional hearings that have captivated Americans for centuries began with a Founding Father raising his hand to say, “Investigate me!”

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TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

The judge issuing the search warrant didn’t swear the affiant, and the fact that the papers said it was under oath and there is a jurat isn’t enough. Wheeler v. State, 2019 Tex. App. LEXIS 2233 (Tex. App. – Ft. Worth Mar. 21, 2019).

Defendant raised a search issue involving a car that he disclaimed responsibility for. The motion to suppress was denied and the issue not appealed. His ineffective assistance of counsel claim for counsel not appealing an issue he’d lose on fails. He had no reasonable expectation of privacy in the car. United States v. Maddox, 2019 U.S. Dist. LEXIS 45541 (E.D. Tenn. Mar. 20, 2019).*

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NBC: Guests in South Korea motel rooms were filmed, the content streamed, police say

NBC: Guests in South Korea motel rooms were filmed, the content streamed, police say:

Four men were arrested for allegedly installing illegal cameras in dozens of motel rooms, then profiting from streaming the feeds to strangers online.

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NH: PC for text messages on cell phone permitted search of photographs on the phone as well

A search warrant for cell phones text messages did not prohibit the searchers looking at photographs as well because photographs are commonly included in text messages. There was admittedly probable cause for the text messages, but it here included photographs. State v. Page, 2019 N.H. LEXIS 53 (Mar. 19, 2019):
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IL: No REP in common hallway of unlocked apartment building; distinguished door dog sniff case

There was no reasonable expectation of privacy in the common area of an unlocked apartment building where observation of handling a gun occurred. The court distinguishes the use of a drug dog at an apartment door which does become a trespass. People v. Thomas, 2019 IL App (1st) 170474, 2019 Ill. App. LEXIS 168 (Mar. 19, 2019).

“Considering the totality of the circumstances present in this case, the tips from the local St. Johnians were completely devoid of sufficient indicia of reliability to support a reasonable suspicion that Rivera Gomez and Recio-Fernandez in particular had illegally entered the United States.” There was no showing they were citizen informants or were corroborated by the officers. United States v. Gomez, 2019 U.S. Dist. LEXIS 45601 (D.V.I. Mar. 20, 2019).*

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CA9: Not well settled law that LEO stealing property during a search is 4A violation, so alleged thief gets qualified immunity

The law is not well settled, thus requiring qualified immunity, that a law enforcement officer’s stealing plaintiff’s property during a search is a violation of the Fourth Amendment. (Apparently something that’s obviously an unreasonable seizure doesn’t matter as long as the law isn’t settled.) Jessop v. City of Fresno, 2019 U.S. App. LEXIS 8271 (9th Cir. Mar. 20, 2019):
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CA9: Younger abstention applied except to ptf’s 4A claim because it wouldn’t enjoin state proceedings

Younger abstention was properly granted, in part, because the state nuisance proceeding was a civil enforcement proceeding within the scope of Younger, the state proceedings implicated important state interests, the state proceedings provided an adequate opportunity for the state action defendants to raise federal constitutional claims, and except with respect to the allegedly unreasonable search, plaintiffs’ success on their claims for damages under § 1983 for violations of the First, Fifth, and Fourteenth Amendments and the Contract Clause of the Constitution and the Fair Housing Act, would have the practical effect of enjoining the state proceedings. As to plaintiff’s Fourth Amendment claim, however, the district court erred in abstaining from the § 1983 because a determination on that claim would not have the same practical effect as a declaration or injunction on pending state administrative proceedings. Herrera v. City of Palmdale, 2019 U.S. App. LEXIS 8272 (9th Cir. Mar. 20, 2019).
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CA4: Entry into house while waiting for SW to be procured doesn’t require suppression

Police entered defendant’s house to secure it after sending one officer to get a search warrant. The entry didn’t require suppression of evidence because there was an independent source for the information in the search warrant application. United States v. Agent, 2019 U.S. App. LEXIS 8296 (4th Cir. Mar. 20, 2019):
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NY2: No REP in a computer open on a P2P network

There is no reasonable expectation of privacy in a computer open to the world on a P2P network and anybody can come into. People v. Worrell, 2019 NY Slip Op 02127, 2019 N.Y. App. Div. LEXIS 2111 (2d Dept. Mar. 20, 2019).

Finding the alleged suspect vehicle half an hour after a report of erratic driving was not reasonable suspicion. Lies v. N.D. DOT, 2019 ND 83 (Mar. 15, 2019).*

On a citizen complaint to 911 describing a person in a particular car casing cars in a parking lot, defendant was stopped, and it was with reasonable suspicion. United States v. Farley, 2019 U.S. Dist. LEXIS 44169 (N.D. Cal. Mar. 19, 2019).*

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CA7: While the circumstantial evidence might support a SW or wiretap, it didn’t support guilt; reversed and dismissed

“We assume the government’s circumstantial evidence here might have supported a search warrant or perhaps a wiretap on Garcia’s telephone. It simply was not sufficient to support a verdict of guilty beyond a reasonable doubt for distributing cocaine. We reverse the district court’s decisions denying Garcia’s motions for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 and reverse his convictions for insufficient evidence.” United States v. Garcia, 2019 U.S. App. LEXIS 8311 (7th Cir. Mar. 20, 2019).

Defendant doesn’t show that the search warrant was issued without probable cause or at least a good faith belief in probable cause. United States v. Hansen, 2019 U.S. Dist. LEXIS 44357 (D. Neb. Mar. 19, 2019).*

The affidavit for the search warrant here was clearly not bare bones, as recounted by the court. The good faith exception applies at the minimum. United States v. Asgari, 2019 U.S. App. LEXIS 8059 (6th Cir. Mar. 19, 2019).*

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