Daily Archives: November 15, 2019

M.D.Ala.: No 4A right via Rule 41 to have copy of SW at scene; no exclusion for failure to timely leave it

Rule 41 requires that a copy of the search warrant be left at the premises, but it grants no constitutional right to the target of the search to supervise the search. Moreover, failure to leave a copy of the warrant … Continue reading

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VA: State gets to argue GFE after a Carpenter remand even though it never raised the question before Carpenter was decided

Defendant was the subject of warrantless CSLI pre-Carpenter, and he petitioned for cert while Carpenter was pending. After Carpenter was decided, his case was GVR’d back to the state court of appeals. Reed v. Virginia, 138 S. Ct. 2702 (2018). … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on VA: State gets to argue GFE after a Carpenter remand even though it never raised the question before Carpenter was decided

D.Kan.: Passenger’s flight from a car during a traffic stop is RS

A passenger’s flight from a car during a traffic stop is reasonable suspicion. United States v. Goines, 2019 U.S. Dist. LEXIS 197656 (D. Kan. Nov. 14, 2019). The search warrant for defendant’s home was particular because it referenced Attachment B, … Continue reading

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D.Kan.: Michigan v. Long search of car on RS for a weapon called “protective sweep”

The officers had reasonable suspicion to believe there was a weapon in the car justifying a “protective sweep” of the car under Michigan v. Long. United States v. Alexander, 2019 U.S. Dist. LEXIS 197653 (D. Kan. Nov. 14, 2019). Defendant … Continue reading

Posted in Probation / Parole search, Protective sweep, Reasonable suspicion | Comments Off on D.Kan.: Michigan v. Long search of car on RS for a weapon called “protective sweep”

MD: MTA “fare sweep” resulted in def’s detention without RS

A “fare sweep” on an MTA train in Baltimore led to defendant being detained. Officers ran his name and found a record. At a station, a scuffle ensued, one of the officers shouted “gun” and defendant was wrestled to the … Continue reading

Posted in Cell site simulators, Reasonable suspicion, Seizure | Comments Off on MD: MTA “fare sweep” resulted in def’s detention without RS

CA5: CSLI obtained prior to Carpenter was valid, and it didn’t taint CSLI obtained after Carpenter for backup

Defendant was suspected of being a serial bank robber in the Houston area, and the government obtain CSLI by an SCA § 2703(d) order without a showing of probable cause. Two months before trial, Carpenter was decided, and, that same … Continue reading

Posted in Cell site location information, Good faith exception, Probable cause | Comments Off on CA5: CSLI obtained prior to Carpenter was valid, and it didn’t taint CSLI obtained after Carpenter for backup