Daily Archives: February 7, 2020

E.D.Mich.: No ex ante opportunity for email account holder to challenge SW

Targets of an email search warrant lack standing to challenge the search warrant ex ante, before execution. They must do so after. In the Matter of the Search of Records, Information, and Data Associated with 14 Email Addresses Controlled by … Continue reading

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D.Minn.: Exercising control over cell phone to shield it from being seen by police was showing a subjective REP, right up until def denied it was his

Defendant first sought to shield the cell phone in his hand from view. When the police finally got it from him, he denied it was his. “Through his conduct at the time of the seizure, Mayer arguably exhibited a subjective … Continue reading

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N.D.Iowa: Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations

Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations. United States v. Burkhow, 2020 U.S. Dist. LEXIS 20319 (N.D. Iowa Feb. 6, 2020):

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TX14: It was clearly established standing on an arrestee’s face was excessive; here, causation for death not shown

“We conclude that controlling authority’ or ‘a robust “consensus of cases of persuasive authority”’ as of September 2010 make it sufficiently clear that every reasonable official would understand (as did those who testified) that stepping on the nose and mouth … Continue reading

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FL1: Leon’s “so lacking in indicia of probable cause” doesn’t seek to determine whether PC actually exists; it’s whether it is conclusory and “bare bones”

Leon’s “so lacking in indicia of probable cause” doesn’t seek to determine whether probable cause actually exists. It’s whether the affidavit is so conclusory it is “bare bones.” Wingate v. State, 2020 Fla. App. LEXIS 1369 (Fla. 1st DCA Feb. … Continue reading

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CA5: When USMJ’s findings are based on PC and GFE, def must appeal both or be subject to plain error, and here it’s not

When the USMJ rules on both probable cause and the good faith exception, the objections have to go to both. Here, defendant only objected to the probable cause finding and not the application of the good faith exception, so the … Continue reading

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D.Mass.: Def’s car was towed and inventoried, but searching his backpack was unreasonable when he wasn’t arrested

Defendant’s vehicle was being towed because he was an unlicensed driver, and he wasn’t being arrested. He could accompany the vehicle. The officer inventoried the car and then searched his backpack. The backpack search wasn’t reasonable because he wasn’t being … Continue reading

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S.D.Fla.: Radio report of a gun brought police to def, and his furtive movement was then RS

Stop and frisk was with reasonable suspicion. “Having received a radio communication that Defendant appeared to be armed and having observed Defendant reaching toward his waist in a manner consistent with reaching towards an area of the body where individuals … Continue reading

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