Category Archives: Scope of search

PA: Stop for no LPN permitted running names of occupants

Not having a license plate justified defendant’s stop and then running names. Commonwealth v. Malloy, 2021 PA Super 90, 2021 Pa. Super. LEXIS 278 (May 7, 2021). The backup light being on while driving justifies a stop. People v. Ambrose, … Continue reading

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W.D.La.: When cash and heroin found in car search, a notebook could be seized

When heroin and cash were found in the search of a car based on the smell of marijuana, seizure of a notebook was reasonable. The notebook was limited information compared to a cell phone. United States v. Pierre, 2021 U.S. … Continue reading

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WI: Consent to search a computer was limited to def’s son’s user files; forensically searching recycle bin exceeded the scope of consent

Defendant granted consent to search only his son’s files on his computer. The forensic analyst searched the recycle bin, too, and that exceeded the scope of consent. Shared files were not within the scope of consent. State v. Jereczek, 2021 … Continue reading

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W.D.Pa.: SW for drug proceeds properly included jewelry it could have been converted to

A search warrant for drug proceeds properly included jewelry that the officer, in his experience, believed drug traffickers converted cash to. United States v. Thomas, 2021 U.S. Dist. LEXIS 65553 (W.D. Pa. Apr. 5, 2021). The officer here saw a … Continue reading

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CT: Both halves of a duplex can’t be searched under a warrant for one

A search of both halves of a duplex under a search warrant for one was unreasonable and had to be suppressed. State v. Lyons, 2021 Conn. App. LEXIS 100 (Mar. 30, 2021). Defense counsel wasn’t ineffective for not challenging the … Continue reading

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TX3: No “sua sponte duty” in trial court to suppress evidence that the defense didn’t move to suppress

The trial court has no “sua sponte duty” to suppress evidence that the defense didn’t move to suppress. Chila v. State, 2020 Tex. App. LEXIS 10219 (Tex. App. – Austin Dec. 23, 2020). Police along with USMs entered defendant’s place … Continue reading

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IL: PC for open container in car permitted search of locked glove compartment

Probable cause that a vehicle had open containers in it permitted a search of the locked glove compartment because it was a place where an open container could be. People v. McGhee, 2020 IL App (3d) 180349, 2020 Ill. App. … Continue reading

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E.D.Pa.: When dwelling was found to be multi-unit, the search was limited to the proper one; ER should not be applied because the officer acted in complete good faith

Defendant failed to make a substantial preliminary showing for Franks purposes that the officer recklessly disregarded the fact there could be two residential units in the building he was seeking the search warrant for. He reviewed property records and Google … Continue reading

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CA8: If officers “lingered” during protective sweep, nothing else was found as a result

Defendant complained that the officers “lingered” during the protective sweep. Even if they did, nothing else was found as a result. United States v. Crutchfield, 2020 U.S. App. LEXIS 34446 (8th Cir. Nov. 2, 2020). The driver of the car … Continue reading

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OH8: Smell of MJ justifies search of interior of car where it could be found

“Upon en banc consideration, we uphold the conclusion reached in Franklin, and reiterate that the heightened standard set forth in Farris does not apply to searches conducted within the passenger compartment of a vehicle. Consistent with the confines of Farris, … Continue reading

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TX14: SW to take blood includes ability to forensically test it

The search warrant for taking defendant’s blood included the ability to forensically test it. The fact that the forensic analysis of defendant’s blood occurred at a date beyond the three-day window for execution of the warrant did not render the … Continue reading

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CA6: Def consented to expanding breadth of SW because it was in his interest

Police had a search warrant for defendant’s property with marijuana grow operation, but the warrant didn’t cover outbuildings [usually they don’t even have to to cover them]. Here, defendant consented to the breadth of the search, and it was voluntary … Continue reading

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D.S.C.: Renter of hotel room had authority to consent to search of room but not her partner’s safe he brought to room

The renter of a hotel room has apparent authority to consent to its search. She did not, however, have either actual or apparent authority to consent to his safe in the room. United States v. Jaqu, 2020 U.S. Dist. LEXIS … Continue reading

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D.Idaho: Even if smell of MJ only justifies search of passenger compartment, finding nothing extends it to trunk

Defendant argues that the smell of marijuana during a traffic stop only permitted a search of the passenger compartment of his vehicle. When the officer didn’t find any marijuana there, it was justified to search the trunk. United States v. … Continue reading

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CA9: Using ruse to get def home to search his car under a SW was unreasonable

Officers had a warrant for defendant’s house and any cars parked there, but defendant wasn’t home. Using a ruse of a burglary having happened, they lured him home so they could search the car. The search of the car was … Continue reading

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CA8: Def’s pickup truck was involved in a shooting, and the officers developed PC that evidence would be in it or his house where it was parked

Surveillance video at the scene gave probable cause to believe that defendant’s pickup truck was involved in a shooting, and other physical evidence of the shooting hadn’t yet been found. “The address for Flournoy and Davis was a different unit … Continue reading

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E.D.Va.: SW authorized search of safe in house even though in room of another occupant

The search warrant authorized a search of a safe in a house even though the room it was in wasn’t occupied by the target of the search. The search warrant wasn’t stale because the drug activities it refers to were … Continue reading

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W.D.Mo.: Mask ordinance doesn’t violate 4A right of privacy

The City of Springfield mask ordinance does not violate, inter alia, the Fourth Amendment right to privacy. Shelton v. City of Springfield, 6:20-cv-03258 (W.D. Mo. Sept. 2, 2020). “In specifically detailing the criminal conduct under investigation, the search warrants provide … Continue reading

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D.Alaska: SW for cell phone was broad; it had to be, but not unreasonably so

The search of defendant’s cell phone did not unreasonably exceed the search warrant for it which was necessarily broad. “As a threshold matter, the search did not exceed the scope of the warrant. Without contesting the validity of the warrant … Continue reading

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CA5: IP address accessing bank accounts for alleged fraud was PC as to that address

“Based on these facts, it was not unreasonable for law enforcement to believe there was probable cause that evidence of the scheme would be found at Traore’s residence nearly a year after the bank account was last accessed from his … Continue reading

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