Daily Archives: October 6, 2019

Cal.2: The exclusionary rule doesn’t apply in PC determations for arrest; that’s to be litigated later

At a probable cause determination, the legality of the arrest for an attempt at applying the exclusionary rule isn’t appropriately litigated. That comes after the charges land in Superior Court. Barajas v. Appellate Div. of the Superior Court, 2019 Cal. … Continue reading

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TN: Illegal warrantless search of cell phone was harmless error on this record

This is a second appeal from the Vanderbilt dorm rape cases. (The first is here.) The search warrant for defendant’s room and person allowed for seizure of his cell phone, but it wasn’t there. The police found it later and … Continue reading

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E.D.Tenn.: Alleged quantity of drugs can help overcome a staleness argument

“In conjunction with these [in the totality of] circumstances, Houser and Williams’ statements against their penal interest were sufficient to reasonably assure the magistrate that the information they provided was reliable.” While the fact defendant was dealing drugs from a … Continue reading

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M.D.Fla.: Possession of a large quantity of drugs in car after just leaving house shows nexus to house for drugs

“‘A search warrant affidavit need not allege that unlawful activity occurred at the place to be searched; the affidavit need only establish a nexus between the place and the criminal activity.’ United States v. McCown, 762 F. App’x 732, 734 … Continue reading

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CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III

“The Probation Department employees’ alleged threat to send Repotski back to jail does not state a constitutional violation cognizable under § 1983. See McFadden v. Lucas, 713 F.2d 143, 146 (5th Cir. 1983) (noting that mere threats do not amount … Continue reading

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WaPo: US, UK reach deal to make it easier to get electronic data

WaPo: US, UK reach deal to make it easier to get electronic data by Eric Tucker (“The United States and United Kingdom signed an agreement Thursday that officials say will speed up dozens of criminal and national security investigations and … Continue reading

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