Category Archives: Probation / Parole search

S.D.W.Va.: If you leave a cell phone in someone else’s car, you risk it getting searched

When one leaves his cell phone in a car, he or she assumes the risk that the phone will be found by the police and searched. United States v. Hagy, 2022 U.S. Dist. LEXIS 89437 (S.D.W.Va. May 18, 2022). “They … Continue reading

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N.D.Ga.: Pro forma objection to R&R doesn’t articulate argument, so it’s waived

Defendant didn’t fairly articulate his objections to the R&R, so his objection is waived. United States v. Hill, 2022 U.S. Dist. LEXIS 83707 (N.D.Ga. May 9, 2022). There was probable cause for this search authorization, and the good faith exception … Continue reading

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CA9: Police participation in a probation search didn’t make it unreasonable

Homeland Security Investigations participating in a probation search did not make it unreasonable. United States v. Johnson, 2022 U.S. App. LEXIS 11999 (9th Cir. May 3, 2022). Defendant claims a Franks violation from a single misstatement in the affidavit for … Continue reading

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CA10: Pepper spraying a subdued misdemeanant was unreasonable; no QI

“Addressing the two prongs of qualified immunity below, we conclude that the use of pepper spray violated Mr. Wilkins’s clearly established right to be free from the additional use of force after he was effectively subdued. The officers were not … Continue reading

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OH2: Def had no standing to challenge pings of another’s phone

Defendant had no standing to challenge pings of another’s phone. State v. Farra, 2022-Ohio-1421, 2022 Ohio App. LEXIS 1321 (2d Dist. Apr. 29, 2022). Even a locked safe in a car is subject to the automobile exception. State v. Malone, … Continue reading

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Bloomberg: Justices Reject Case Over Phone Search in Parole Breach Arrest

Bloomberg Law: Justices Reject Case Over Phone Search in Parole Breach Arrest by Andrea Vitorio (“The U.S. Supreme Court declined to consider whether law enforcement officers can, without a warrant, search a cell phone belonging to a man who was … Continue reading

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WY: Flight broke any causal connection between unlawful stop and later search of person

Evidence supporting defendant’s charges was admissible under the attenuation doctrine. His flight and the circumstances surrounding his flight broke the causal connection between the alleged unlawful police conduct and the evidence supporting his charges. Also, where the trial court denied … Continue reading

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VA: Firefighters could call ME and police for dead body

When firefighters entered defendant’s property in response to a fire call, they found a body. It was within the scope of the fire entry to call the police and medical examiner. “Thus, all that the firefighters observed was no longer … Continue reading

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CA6: There was PC for SW for real time pinging of def’s cell phone

There was probable cause for a search warrant for real time pinging of defendant’s cell phone to try and find out where he was. United States v. Ennis, 2022 U.S. App. LEXIS 8779 (6th Cir. Apr. 1, 2022). Defendant was … Continue reading

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D.Minn.: Traffic stop led to PC by plain view

There was probable cause for a stop, and that quickly developed into probable cause to search from marijuana residue around the driver’s seat. United States v. Estes, 2022 U.S. Dist. LEXIS 41951 (D.Minn. Mar. 8, 2022).* Possession of a large … Continue reading

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D.Neb.: Execution of writ of execution a reasonable seizure

Execution of a facially valid writ of execution is a reasonable seizure. Coonts v. Potts, 316 F.3d 745, 750-51 (8th Cir. 2003). Knight v. City of Omaha, 2022 U.S. Dist. LEXIS 41932 (D.Neb. Mar. 9, 2022). “In sum, Price’s status … Continue reading

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FL4: Suspicionless probation search condition violates state law

The probation search condition permitting one without reasonable suspicion violates state law. Remanded to strike it from probation terms. Bowman v. State, 2022 Fla. App. LEXIS 1611 (Fla. 4th DCA Mar. 9, 2022). Window tinting stop: “Moreover, because Trooper Otterson … Continue reading

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IL: Drug sale in backyard nexus to SW for house

“Granted, the drug sale did not occur inside the residence. Rather, it occurred outside the residence, in the backyard. The question, then, is whether a controlled purchase that took place in the yard of a house in which the drug … Continue reading

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SD: Call about a mere “argument” at 2:48 am didn’t support def’s stop leaving apartment parking lot

The community caretaking exception did not apply to defendant’s stop leaving an apartment parking lot at 2:48 am. A child called the police about an argument in the house, but nothing in the call or the report from dispatch indicated … Continue reading

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D.Idaho: USMs at EPA execution of administrative SW not unreasonable

The presence of U.S. Marshals helping execute an EPA administrative warrant did not make the search unreasonable. Ace Black Ranches v. United States EPA, 2022 U.S. Dist. LEXIS 22284 (D.Idaho Feb. 4, 2022). Decedent’s shooting during an apparent child kidnapping … Continue reading

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CA11: Computer searches as condition of supervised release for gun crime not plain error

The district court did not plainly err in allowing supervised release searches of defendant’s computer for a gun crime. U.S.S.G. § 5D1.3(d)(7). Under precedent, a search condition does not have to be specifically related to the crime. United States v. … Continue reading

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CA3: PC for fraud by computer permits search of def’s house for computers

Defendant was suspected of committing fraud with his computer, and that was probable cause for searching for and seizing the computer in his home. United States v. Nyamekye, 2022 U.S. App. LEXIS 2966 (3d Cir. Feb. 2, 2022). Assuming reasonable … Continue reading

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TX: Exclusionary rule is statutory and harmless error analysis required

The Texas exclusionary rule is statutory and not a constitutional remedy since 1922. Thus, harmless error analysis is required, and the case remanded for that. Holder v. State, 2022 Tex. Crim. App. LEXIS 72 (Feb. 2, 2022). “Accordingly, under the … Continue reading

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Cal.4: GPS monitoring with a search waiver were reasonable conditions of home confinement

GPS monitoring with a search waiver were reasonable conditions of defendant’s home confinement sentence. People v. Gerson, 2022 Cal. App. LEXIS 72 (4th Dist. Jan. 28, 2022). “Although Defendant complied with Franks by (1) specifically identifying the portion of the … Continue reading

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CA9: Supervised release condition of cell phone searches was reasonable

“Koyanagi next challenges the special condition of supervised release requiring him to submit to periodic suspicionless searches of his electronic data. [¶] Koyanagi’s constitutional challenges to this condition are unavailing. See United States v. Bare, 806 F.3d 1011, 1018 n.4 … Continue reading

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