Daily Archives: December 1, 2020

N.D.Ohio: Transporting package in anticipatory warrant from apt complex office to own apt doesn’t give PC for the car

In a controlled delivery case, the package was left at an apartment building office, and then defendant moved it to his apartment by his car. Still, there was no probable cause for search of his car. United States v. Reid, … Continue reading

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MA: Obtaining CSLI by SW in 2014 was independent source against 2010 obtaining by request (and Carpenter was 2018)

The state obtained defendant’s CSLI without a showing of probable cause in 2010. In 2014, they sought it again with a search warrant. Carpenter came in 2018. The independent source doctrine applied in the 2014 search, and defense counsel wasn’t … Continue reading

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S.D.Fla.: Helping Canada comply with a US MLAT request doesn’t make it a joint venture

Merely helping Canadian law enforcement comply with an MLAT request from the United States was not a joint venture. United States v. Kachkar, 2020 U.S. Dist. LEXIS 222738 (S.D. Fla. Nov. 30, 2020). Defendant’s cell phone was seized at the … Continue reading

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CA9: 911 call about man waving a gun justified stop at gunpoint and handcuffing

Officers’ display of firearms and handcuffing defendant in a detention after a 911 call of a man waving a gun was reasonable under Terry. United States v. Hearns, 2020 U.S. App. LEXIS 37363 (9th Cir. Nov. 27, 2020). Defendant was … Continue reading

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