Daily Archives: May 4, 2020

E.D.Mich.: Backpack in vehicle was subject to frisk under Terry

Search of defendant’s backpack in a vehicle was justified by reasonable suspicion under Terry it contained a weapon. Alternatively, the backpack search could have been permitted under inventory. United States v. McGinnist, 2020 U.S. Dist. LEXIS 69325 (E.D. Mich. Apr. … Continue reading

Posted in Excessive force, Reasonable suspicion, Stop and frisk | Comments Off on E.D.Mich.: Backpack in vehicle was subject to frisk under Terry

D.Colo.: DEA subpoena for records of two pharmacies is enforced

The DEA’s subpoena to the Board of Pharmacy for controlled substances prescriptions for two pharmacies was reasonable and within the DEA’s jurisdiction. It is enforced. United States DOJ v. Colorado Bd. of Pharmacy, 2020 U.S. Dist. LEXIS 69726 (D. Colo. … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Good faith exception, Subpoenas / Nat'l Security Letters | Comments Off on D.Colo.: DEA subpoena for records of two pharmacies is enforced

CA6: No direct evidence of nexus required where a drug trafficker’s home is ID’d and he operates from there

“In fact, we have even gone so far to determine the existence of ‘a nexus between a defendant’s residence and illegal drug activity with no facts indicating that the defendant was dealing drugs from his residence.’ McCoy, 905 F.3d at … Continue reading

Posted in Nexus | Comments Off on CA6: No direct evidence of nexus required where a drug trafficker’s home is ID’d and he operates from there