Category Archives: Staleness

N.D.Ga.: Dissipation of PC for automobile exception search?

Defendant argues dissipation of probable cause in an automobile exception search, but cites no cases. Probable cause always has to exist at the time of the search. One can imagine that it can go stale, but not generally, and not … Continue reading

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CA9: “[T]he Fourth Amendment does not require a warrant to arrest a parole violator.”

“[T]he Fourth Amendment does not require a warrant to arrest a parole violator.” United States v. Carpenter, 2024 U.S. App. LEXIS 13596 (9th Cir. June 5, 2024). The CI for the warrant is not disclosable under Roviaro. United States v. … Continue reading

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GA: SW for a physical nonperishable item wasn’t stale

In a child sex abuse case, the trial court erred in finding the warrant stale that a massaging tool used on the victim wouldn’t likely be there. It was a physical object and nonperishable. It was not stale. State v. … Continue reading

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C.D.Cal.: PC not shown for Jan. 6th target’s cell phone in California three years later

The government sought search warrants for cell phones in California in 2024 for six alleged misdemeanors at the U.S. Capitol on Jan. 6, 2021. The court finds no probable cause to believe that there is evidence on the phones three … Continue reading

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CA10: Def’s possession of a gun six days ago can add to RS now

In the reasonable suspicion calculus, the fact defendant had a gun six days earlier can be a factor in reasonable suspicion now. United States v. Minners, 2024 U.S. App. LEXIS 7734 (10th Cir. Apr. 2, 2024). Plaintiffs were loaded on … Continue reading

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M.D.Pa.: Ordering driver out of car doesn’t extend it for Rodriguez purposes

Ordering the driver out of the car is incidental to the mission of the stop and doesn’t extend it for Rodriguez purpses. United States v. Brabham, 2024 U.S. Dist. LEXIS 36681 (M.D. Pa. Mar. 1, 2024). While the smell of … Continue reading

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D.Conn.: That accomplices communicated by text messaging justified SW for cell phone

This cell phone was with probable cause and was particular. “Here, the warrant affidavits clearly established probable cause to conclude that Sinisterra was involved in all three shootings described therein. He was implicated by two individuals who corroborated each other … Continue reading

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CA8: Failure to mention CI’s convictions or payments for information wasn’t material

The warrant affiant’s failure to mention the CI was paid or had convictions wasn’t material to change the outcome of the probable cause determination. With CIs, things like that can be assumed. United States v. Riaski, 2024 U.S. App. LEXIS … Continue reading

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KS: Search of def’s purse when she was passed out likely from ODing was reasonable

The emergency aid exception justified the search of defendant’s purse. She was passed out on a convenience store bathroom floor with drug paraphernalia around her. It was reasonable to look in her purse to see what drug it might have … Continue reading

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Cal.4: No REP from images caught by streetlight camera

Defendant had no reasonable expectation of privacy from images taken on a street light camera where he parked his vehicle. Carpenter just doesn’t apply. Moreover, a store surveillance camera had him there, too. People v. Cartwright, 2024 Cal. App. LEXIS … Continue reading

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CA2: Dog sniff of def’s car in driveway was done in GF reliance on law at time

Acting on a tip, officers did a dog sniff of defendant’s covered car parked in his driveway, and they used that to get a warrant for it. Collins didn’t come along until the following year. The officers laid it all … Continue reading

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D.Mass.: No PC here, and government’s GFE argument is generic and unhelpful

The affidavit for warrant here failed to show probable cause to believe a pill manufacturing operation would be found there. There was old information in the affidavit, but it was stale on its own. Also, defendants moved in the meantime … Continue reading

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LA: Def’s lie about living in place to be searched helped GFE to apply to overcome staleness

The trial court and court of appeals both erred in finding that the affidavit for search warrant was “so lacking” in probable cause that the good faith exception should not apply. “The affidavit accompanying the search warrant application explained the … Continue reading

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D.Utah: Def in jail can’t get unrecorded phone calls to nonlawyers to prepare for trial

Defendant seeks unrestricted phone access without recording, but not just to his lawyer or standby counsel–every call. No First, Fourth, or Sixth Amendment violation (limited to lawyers). United States v. Cromar, 2023 U.S. Dist. LEXIS 215498 (D. Utah Dec. 4, … Continue reading

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CA11: Def claims he was talking with a VA clinician, but it was a CI; no REP in conversation

Defendant was ultimately accused of theft of government funds and false statements about his VA benefits. A phone call with an informant was recorded. He claims he thought it was a clinician with whom he had a reasonable expectation of … Continue reading

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CA10: No REP against officer running an LPN

There is no reasonable expectation of privacy in a license plate number. Officers can run any LPN number. They can also walk up to his car in his driveway and look at it. Becerra v. City of Albuquerque, 2023 U.S. … Continue reading

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PA: State obligated to raise all possible issues in defense of warrantless search in trial court

The state is obliged to raise whatever issues it can in defense of a warrantless search at the hearing. Piecemeal litigation by motion to reconsider must be avoided. Commonwealth v. Smith, 2023 PA Super 205, 2023 Pa. Super. LEXIS 482 … Continue reading

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E.D.Mich.: CA6 previously suggested cell phone on drug trafficker was nexus to evidence, so GFE at least applied

The Sixth Circuit has suggested that a cell phone on the person of a drug trafficker likely has evidence of drug trafficking on it, so the cell phone warrant was issued with probable cause. Even if not, the good faith … Continue reading

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DE: Def consented to search of his cell phone in an effort to prove his alibi

Defendant consented to search of his cell phone in an effort to prove his alibi. Blackwood v. State, 2023 Del. LEXIS 328 (Oct. 11, 2023). Defendant’s guilty plea wasn’t a conditional plea, so the search issue was waived. If he … Continue reading

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D.Haw.: 11-month delay in getting DNA warrant was reasonable

An eleven month delay in the government obtaining a DNA warrant was reasonable. “Under the totality of the circumstances, the Court concludes that, while the search warrant perhaps could have been sought earlier, the eleven-month period between arrest and the … Continue reading

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