{"id":3205,"date":"2009-12-23T07:34:08","date_gmt":"2009-06-24T08:48:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-06-24T08:48:03","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3205","title":{"rendered":"RI: Photos on digital camera from work showed nexus for SW for defendant’s house for similar pictures"},"content":{"rendered":"

The state showed nexus to defendant’s house for a search warrant. On his digital camera were found upskirt pictures of a minor, and it was reasonable to assume that, although the crime occurred in defendant’s business, that additional pictures would be found in his home. State v. Byrne<\/a>, 972 A.2d 633 (R.I. 2009):<\/p>\n

The trial justice failed to articulate what additional underlying facts were, in his view, necessary to establish a reasonable inference that defendant took the camera home. In this case, the affiant alleged that defendant took several pictures of the child-victim’s undergarments with a camera and further alleged that, in several shots, the camera was focused under the child’s skirt. Although the alleged crime occurred at defendant’s place of business, and the only reference to defendant’s home was in the final paragraph of the affidavit (although the home was described with particularity in the warrant), it is our view that a reasonable inference could be drawn from these facts that the camera–the instrumentality of the crime and a handheld, easily transportable item of personal property–could be found at defendant’s residence. Short of surveillance or actual observation of defendant taking the camera home, we are hard-pressed to envision what additional facts connecting the camera to defendant’s home could be alleged to support this inference. Evidence of actual observation is not a constitutional prerequisite for a finding of probable cause.<\/p><\/blockquote>\n

Trial court’s grant of a motion to suppress of the frisk of the defendant was against the preponderance of the evidence. The defendant’s actions created at least suspicion that he was armed and justified the frisk. State v. Moffatt<\/a>, 2009 Tenn. Crim. App. LEXIS 438 (June 12, 2009).*<\/p>\n

Court finds defendant’s claim that she thought she was signing a search warrant and not a consent to search was not credible. United States v. Porter, 2009 U.S. Dist. LEXIS 52183 (E.D. Wis. June 19, 2009).*<\/p>\n

Defendant’s failure to file a motion to suppress before trial was a waiver of the motion. United States v. Thomas, 2009 U.S. Dist. LEXIS 52331 (E.D. Mo. June 18, 2009).*<\/p>\n

Officer had reasonable suspicion that the defendant’s vehicle was involved in a crime where two identified vehicles fled the scene and were seen a mile away. When the cars were seen again, the officers had reasonable suspicion. That led to defendant’s arrest, and the resulting inventory of his car was valid. Lecates v. State<\/a>, 975 A.2d 799 (Del. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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