Category Archives: Staleness

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

Posted in Admissibility of evidence, Pole cameras, Staleness | Comments Off on Cal.4: No REP from images caught by streetlight camera

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

Posted in Prison and jail searches, Staleness, Stored Communications Act | Comments Off on D.Utah: Def in jail can’t get unrecorded phone calls to nonlawyers to prepare for trial

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

Posted in Probation / Parole search, Reasonable expectation of privacy, Staleness, Subpoenas / Nat'l Security Letters | Comments Off on CA11: Def claims he was talking with a VA clinician, but it was a CI; no REP in conversation

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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N.D.Cal.: Motion to suppress based on state court issuing judge lacking jurisdiction saved by GFE even if true

Defendant’s motion to suppress based on the state court judge issuing the warrant lacking jurisdiction is denied on the merits and by the good faith exception. United States v. Bailey, 2023 U.S. Dist. LEXIS 179249 (N.D. Cal. Oct. 4, 2023). … Continue reading

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CA2: CP download 8 mo. before SW at least saved by GFE if no PC

A single download of child pornography eight months before the warrant was sought was at least supported by the good faith exception even if there wasn’t probable cause. United States v. Pratt, 2023 U.S. App. LEXIS 25977 (2d Cir. Oct. … Continue reading

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Queens Co.: SW affidavit based on Snapchat posts that were not or cannot be dated was stale

A search warrant affidavit based on Snapchat posts that were not or cannot be dated was stale. People v. Mendoza, 2023 NY Slip Op 23291, 2023 N.Y. Misc. LEXIS 5696 (Queens Co. Aug. 27, 2023):

Posted in Staleness | Comments Off on Queens Co.: SW affidavit based on Snapchat posts that were not or cannot be dated was stale

TX1: SW for cell phone in jail property room was not stale

The search warrant for defendant’s cell phone in a burglary case was not based on stale information. She was in custody and her phone was in her property. Cell phone information is enduring. Veal v. State, 2023 Tex. App. LEXIS … Continue reading

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CA10 doesn’t have to decide whether furtive movement alone supports vehicle protective sweep

Furtive movements alone may or may not be enough to justify a protective sweep of a car, a question this circuit has never decided. Here, however, there was the additional fact of a “slow roll” to a stop which was … Continue reading

Posted in Consent, Excessive force, Protective sweep, Reasonable suspicion, Staleness | Comments Off on CA10 doesn’t have to decide whether furtive movement alone supports vehicle protective sweep

OH1: RS went stale by the time def was seen again days later

There was no reasonable suspicion for defendant’s stop days after he was seen on the street. “Perhaps if the officers had stopped J.T. and his red-sweatshirt-wearing companion nearby the church immediately after the shooting, the totality of the circumstances could … Continue reading

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Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error

The government did not show in the affidavit for search authorization that text messages would logically be found on his cell phone corroborating a sex crime victim. Nevertheless, he wasn’t prejudiced by it. United States v. Geranen, 2023 CCA LEXIS … Continue reading

Posted in Cell phones, Informant hearsay, Inventory, Seizure, Staleness | Comments Off on Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error