Daily Archives: November 13, 2019

WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer tracking footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. … Continue reading

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D.Mass.: Border searches of electronic devices are non-routine, and they require reasonable suspicion

Border searches of electronic devices are non-routine, and they require reasonable suspicion. Alasaad v. NielsenAlasaad v. Nielsen, 2019 U.S. Dist. LEXIS 195556 (D. Mass. Nov. 12, 2019):

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OH5: Merely being drunk in the Sheriff’s Office lobby isn’t a crime justifying a search

Defendant’s being merely drunk in the lobby of the sheriff’s office wasn’t reasonable suspicion of a crime because the officers didn’t see how he got there (i.e., did he drive himself). State v. Mast, 2019-Ohio-4644, 2019 Ohio App. LEXIS 4698 … Continue reading

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E.D.Wash.: Def’s Franks claim is barred on habeas where he knew of it all along

Defendant in his 2255 alleges a Franks violation, but he had the ability and method to do it in the district court before conviction and habeas isn’t the place. United States v. Youker, 2019 U.S. Dist. LEXIS 196001 (E.D. Wash. … Continue reading

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M.D.Pa.: Bank records can’t be equated with CSLI in detail, and a subpoena is constitutionally sufficient

Defendant’s bank records cannot be equated with CSLI such that a search warrant is required rather than a subpoena. As Carpenter says: “Our decision today is a narrow one. … We do not disturb the application of Smith or Miller … Continue reading

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D.Del.: Coast Guard port inspection of an incoming vessel led to RS for a full search

A Coast Guard port inspection of an incoming vessel led to reasonable suspicion for its more detailed search. United States v. Vastardis, 2019 U.S. Dist. LEXIS 195486 (D. Del. Nov. 12, 2019):

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