Appellant’s “unconstitutional condition” argument under the Fourth Amendment has already been rejected in this case, and the state consitutitonal argument wasn’t developed. Marman v. Levi, 2017 ND 133, 2017 N.D. LEXIS 133 (June 7, 2017).*
Defendant’s untimely motion for new trial waived her motion to suppress. State v. Brown, 2017 Tenn. Crim. App. LEXIS 475 (June 7, 2017).*
Because the drug dog arrived nearly at the same time as the officer making the traffic stop, the dog sniff on the highway did not extend the stop under Rodriguez. State v. Phelps, 2017 ND 141, 2017 N.D. LEXIS 134 (June 7, 2017):
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The method of packaging marijuana was probable cause to believe it was for sale and not misdemeanor possession. State v. Turbeville, 2017 ND 139, 2017 N.D. LEXIS 146 (June 9, 2017).
The CIs were adequately corroborated in this long term investigation, and that was sufficient for probable cause. Alternatively, the good faith exception applies. United States v. Druger, 2017 U.S. Dist. LEXIS 83971 (E.D. Mo. May 9, 2017),* adopted, 2017 U.S. Dist. LEXIS 83581 (E.D. Mo. June 1, 2017).*
Reasonable suspicion was mounting from the beginning of the stop. Defendant was excessively nervous and repeatedly (to the surprise of the officer) consented to a search of the vehicle. Defendant’s 25 year old conviction wasn’t too stale to be considered in the totality of reasonable suspicion. United States v. Dion, 2017 U.S. App. LEXIS 10239 (1st Cir. June 8, 2017):
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Defense counsel was not ineffective. The search of defendant’s hotel room for evidence in a child sex exploitation case after she escaped from the room and talked to the police was based on exigency. “ The officers also had exigent circumstances to justify immediate entry. The victim reported that there was a small child still in the room, and while the officers could see feet on the bed, they could not see any of the defendants’ heads or hands. Thus, the officers were reasonably concerned for the child’s safety as well as possible destruction of electronic evidence.” The sequence of a search incident doesn’t matter. United States v. Jones, 2017 U.S. App. LEXIS 10138 (9th Cir. June 7, 2017).*
The exclusionary rule won’t be applied to suppress the identity of an undocumented person leading to illegal reentry prosecution (relying on Hudson). United States v. Chagoya-Morales, 2017 U.S. App. LEXIS 10277 (7th Cir. June 9, 2017):
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An anonymous tip corroborated by a jailhouse telephone call showed probable cause to believe plaintiff was in possession of a pet deer in violation of state game regulations. A search warrant was issued that was broader than just that one deer, but it was reasonable under Messerschmidt that it would provide other evidence. The denial of qualified immunity is reversed. Kiesling v. Holladay, 2017 U.S. App. LEXIS 10271 (8th Cir. June 9, 2017) (2-1):
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Defendant’s cousin, visiting the house and working in the garage, had no apparent authority to consent to an entry. He made it clear it wasn’t his house, that he had no key and entered through an unlocked side door, and that he was waiting for his cousin. State v. Holtzclaw, 2017 Ga. App. LEXIS 258 (June 8, 2017).
“Because Newell failed to sustain her initial burden of proof to demonstrate that her stop and seizure were warrantless and that her statements were the result of custodial interrogation, the trial court erred as a matter of law in granting her motion to suppress.” State v. Newell, 2017-Ohio-4143, 2017 Ohio App. LEXIS 2206 (1st Dist. June 7, 2017).*
The “new crime” exception for a crime committed against a police officer after an allegedly unlawful entry is permitted under the attenuation doctrine. Here, defendant assaulted a police officer who pursued her into her house on a warrant for arrest and she was fleeing. State v. Pranschke, 2017 Iowa App. LEXIS 587 (June 7, 2017).
State law only requires that failure to use a turn signal only requires “may” affect another vehicle, and that includes the police vehicle. There was a basis for the stop. State v. Schlichting, 2017 Iowa App. LEXIS 567 (June 7, 2017).*
After Second Circuit split 4-4 on whether Google could be compelled to provide e-mails stored in a server in Ireland by a warrant, a USMJ in D.C. holds that Google has to produce e-mails stored on that server. In the Matter of the Search of Information Associated with (Redacted)@gmail.com That Is Stored at Premises Controlled by Google, Inc., 16-mj-757 (GMH) (D.C.C. June 2, 2017):
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Bexar County jail’s acceptance of ICE detainers without a showing probable cause for the detention violates the Fourth Amendment. The collective knowledge doctrine doesn’t apply where there isn’t any communication between ICE and the jail other than the jail taking detainees. Summary judgment on liability against the county granted. Santoyo v. United States, 5:16-CV-855-OLG (W.D.Tex. June 5, 2017):
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Officer’s seeing meth through window and then bottles used for making meth suggested making methamphetamine which is recognized as an exigency. State v. Secriskey, 2017-Ohio-4169, 2017 Ohio App. LEXIS 2217 (9th Dist. June 7, 2017).
Defendant gets limited discovery of a prior impoundment by the officer that violated policy. United States v. Flores, 2017 U.S. Dist. LEXIS 85978 (C.D. Cal. June 2, 2017).*
Positive probation drug screen 15 days earlier, with nothing more, wasn’t reasonable suspicion for a probation search of the house. State v. Fax, 2017 Del. Super. LEXIS 270 (June 2, 2017).
Geolocation information from a coconspirator’s cell phone was used to surveil a truck stop which was a heroin transfer point. When this car showed up and there was a dog alert, there was probable cause for a search under the automobile exception. United States v. Nunez, 2017 U.S. Dist. LEXIS 86527 (S.D. N.Y. June 6, 2017).*
While an officer can take a gun during a frisk, the officer can’t run the serial numbers [compare New York v. Class on VINs] as a part of a frisk. United States v. Shipley, 2017 U.S. Dist. LEXIS 83985 (D. Ariz. March 3, 2017), adopted, 2017 U.S. Dist. LEXIS 83194 (D. Ariz. May 30, 2017):
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Defendant’s alleged nervousness, on the totality, wasn’t enough for reasonable suspicion. The officer testified to his nervousness, but the video doesn’t support it. The court just does not believe that the officer could see defendant’s heart “pounding” through his t-shirt. United States v. Cox, 2017 U.S. Dist. LEXIS 84679 (E.D. Pa. June 2, 2017):
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WaPo: How tech sleuths cracked the mysterious code that turns your printer into a spying tool by Derek Hawkins:
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“Here, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams’ vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an alcohol related offense. … In determining whether there was probable cause, the trial court should have considered both evidence of ‘unusual or illegal operation of a motor vehicle’ prior to stopping the driver, and evidence of ‘indicia of intoxication on coming into contact with the motorist.’” Williams v. Dir. of Revenue, 2017 Mo. App. LEXIS 535 (June 6, 2017).*
Defendant waived his search issue by pleading guilty. Even so, the gun was found in plain view after the officer saw marijuana on the seat and opened the door. State v. Prieto, 2017-Ohio-4156, 2017 Ohio App. LEXIS 2205 (7th Dist. June 1, 2017).*
Even if the search of defendant’s car violated the Fourth Amendment, the uncontested search of his house did not, and that provides overwhelming evidence of guilt. Thus, the car search is harmless at best. Johnson v. State, 2017 Miss. App. LEXIS 335 (June 6, 2017).*
Defendant’s BAC test was with probable cause after hitting electrical workers and appearing under the influence. State v. Schuster, 2017-Ohio-4115, 2017 Ohio App. LEXIS 2168 (12th Dist. June 5, 2017).*
An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same as the RA removing the drugs and handing them over to the police because the police entered a “constitutionally protected area” with a reasonable expectation of privacy. State v. Rodriguez, 2017 Tex. Crim. App. LEXIS 569 (June 7, 2017) (no opinion link):
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