Author Archives: Hall

CA11: QI for FBI SWAT raiding wrong house at 3:30 am

“In Hartsfield, we explained that an officer who makes ‘reasonable effort[s] to ascertain and identify the’ target address of a valid search warrant complies with the Fourth Amendment even if error is ultimately not averted. 50 F.3d at 954-55 (quoting … Continue reading

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NYLJ: Analysis: Turnabout: Cell Site Location Information for the Defense

NYLJ: Analysis: Turnabout: Cell Site Location Information for the Defense (“This article discusses cell site location information and specifically highlights the ubiquitous cell phone and its location ‘tracking’ capability in the Fulton County, Georgia, criminal prosecution against former President Donald … Continue reading

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CA11: QI in suicide by cop case

Suicide by cop: Decedent attempted suicide cutting her wrists in the bathtub. Her husband found her and called 911. Police showed and decedent had gotten out of the tub and advanced on the officers, knife in hand, getting shot and … Continue reading

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CA11: Officer’s experience and opinions about CP collectors and retention of information is entitled to weight in PC determination

“Finally, the affidavit also contained sufficient evidence to conclude that ‘it was likely that child sexual abuse material (or evidence thereof) would be found at the [r]esidence, whether or not the material had been previously deleted.’ … The affidavit described … Continue reading

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AZ: Private search and apparent consent don’t support warrantless search of SD card in video voyeurism case

Defendant was convicted of video voyeurism for a camera hidden in the bathroom of his house to record foster children. One of them found it, attempted to read the SD card but failed, and turned it with the SD card … Continue reading

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M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn’t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. … Continue reading

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FL6: Def abandoned bag by leaving it where he had no right to re-enter to retrieve it

“Hargrove left his bag on a residential property that he had no legal right to enter and in a vehicle that he had no legal right to enter. Therefore, Hargrove left the bag in a place where he could not … Continue reading

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DC: A backpack left in a house and to be retrieved wasn’t abandoned

Defendant did not abandon his backpack that he left in the house he had a connection to. He intended to come back and get it. His reasonable expectation of privacy was objectively reasonable. United States v. Pope, 2024 D.C. App. … Continue reading

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Fox News: SEC hit with new lawsuit alleging ‘mass surveillance’ of Americans through stock market data

Fox News: SEC hit with new lawsuit alleging ‘mass surveillance’ of Americans through stock market data by Brianna Herlihy (“A new lawsuit calls the SEC’s data collection ‘completely unlawful,’ putting Americans’ financial data at ‘grave risk’”)

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CA9: Asking detainee about parole status is reasonable

Asking a detainee about his parole status reasonably relates to officer safety and imposes a negligible burden on the detainee. United States v. Ramirez, 2024 U.S. App. LEXIS 9388 (9th Cir. Apr. 18, 2024). Defense counsel wasn’t ineffective for not … Continue reading

Posted in Computer and cloud searches, Drug or alcohol testing, Excessive force, Ineffective assistance, Probation / Parole search | Comments Off on CA9: Asking detainee about parole status is reasonable

CA10: Concealing one’s identity to the police without there being an underlying offense doesn’t create PC

Concealing one’s identity to the police without there being an underlying offense doesn’t create probable cause. No qualified immunity: “Our cases are clear: law enforcement needs reasonable suspicion of a ‘predicate, underlying crime,’ not a generalized suspicion a person is … Continue reading

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W.D.N.C.: Smell of alcohol alone doesn’t permit search for open container

The smell of alcohol alone wasn’t justification for a search of defendant’s car for an open container. United States v. Gibson, 2024 U.S. Dist. LEXIS 70389 (W.D.N.C. Apr. 17, 2024). Petitioner’s claim defense counsel was ineffective for not seeking the … Continue reading

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FISA was extended for two years shortly after it expired at midnight

FISA was extended for two years shortly after it expired at midnight. See NYTimes: Senate Passes Two-Year Extension of Surveillance Law Just After It Expired – The New York Times (nytimes.com)

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LA4: Merely having a concealed firearm isn’t RS for a frisk

“The State asserts that the evidence should not be suppressed because the NOPD was entitled to conduct a La. C.Cr.P. art. 215.1, ‘Terry stop’ on Mr. Green, which would have revealed the firearm. See Terry v. Ohio, …. However, the … Continue reading

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OR: Merely driving off the road wasn’t RS, but adding the driver’s demeanor at the time was

“A traffic stop is a ‘seizure’ that requires a constitutional justification. … An officer’s investigative activity during a traffic stop is subject to both durational and subject-matter limitations. … Here, there are two ‘specific and articulable facts’ that support reasonable … Continue reading

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OH6: Trial court’s failure to explain RS under Rodriguez required remand

The trial court in denying the motion to suppress didn’t adequately explain the Rodriguez moment and whether there was reasonable suspicion. Remanded. State v. Jeter, 2024-Ohio-1442, 2024 Ohio App. LEXIS 1356 (6th Dist. Apr. 12, 2024). On the totality of … Continue reading

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CA6: Asking def before a patdown during arrest what he had on him wasn’t barred by Miranda

Asking defendant before a patdown during arrest what he had on him wasn’t barred by Miranda. United States v. Lester, 2024 U.S. App. LEXIS 9162 (6th Cir. Apr. 16, 2024). The evidence supports the trial court’s conclusion defendant consented to … Continue reading

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NY Queens: PC shown for SW blood drawn at hospital after car wreck

Probable cause was shown for the search warrant for defendant’s blood drawn at a hospital after a car wreck. To the extent there is also a Franks challenge, it fails. People v. Moreno, 2024 NY Slip Op 24116, 2024 NYLJ … Continue reading

Posted in Arrest or entry on arrest, Drug or alcohol testing, Nexus, Probable cause, Protective sweep, Waiver | Comments Off on NY Queens: PC shown for SW blood drawn at hospital after car wreck

CA7: Hotel room vacated by tenant could be searched by hotel management

A hotel room search by the hotel manager after defendant’s tenancy expired was reasonable as a private search and under state law. He was also on parole, but the district court didn’t even mention that. United States v. Gay, 2024 … Continue reading

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W.D.N.Y.: SW for devices used for video surveillance included cell phones because apps can be used to view cameras from cell phones

In a search warrant for devices capable of use in video surveillance, a cell phone qualified because apps on phones permitted home surveillance cameras (such as Ring doorbell cams) to be viewed on cell phones. United States v. Hampton, 2024 … Continue reading

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