Daily Archives: February 13, 2021

CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

The petition to revoke was based on probable cause and oath or affirmation and complied with the Fourth Amendment. United States v. Petlock, 2021 U.S. App. LEXIS 3865 (3d Cir. Feb. 11, 2021). Police responded to a suicide in progress … Continue reading

Posted in Attenuation, Emergency / exigency, Warrant requirement | Comments Off on CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

W.D.Okla. & MA: Nexus can be shown by inference

Nexus also needs only to be shown by a “fair probability” and inference suffices. United States v. Hollis, 2021 U.S. Dist. LEXIS 26387 (W.D. Okla. Feb. 11, 2021):

Posted in Nexus | Comments Off on W.D.Okla. & MA: Nexus can be shown by inference

CA3: Warrant for roving wiretap didn’t have to call device a “cell site simulator” when it fully described it

The government obtained a roving wiretap for defendant’s cell phone with a cell site simulator. In the warrant application, they described in detail what a cell site simulator was, but it never said the words “cell site simulator.” It doesn’t … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Cell site simulators, Probable cause, Qualified immunity | Comments Off on CA3: Warrant for roving wiretap didn’t have to call device a “cell site simulator” when it fully described it

CA10: Failure to specify CI’s criminal history didn’t make affidavit “bare bones” or justify a Franks hearing

Defendant was suspected of thefts of equipment from oil fields. An Oklahoma state investigator applied for a GPS warrant for defendant’s vehicle. The warrant was issued on probable cause with nexus, and the good faith exception applies. “Smith argues on … Continue reading

Posted in Good faith exception, Informant hearsay, Probable cause | Comments Off on CA10: Failure to specify CI’s criminal history didn’t make affidavit “bare bones” or justify a Franks hearing

FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith

A search warrant was issued for drugs and firearms, and the CI was a “disgruntled” ex-girlfriend. The issuing judge heard the motion to suppress and decided that her disgruntledness required corroboration, and, on second thought, she wouldn’t have issued the … Continue reading

Posted in Emergency / exigency, Good faith exception, Informant hearsay | Comments Off on FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith

CA5: Some things were innocent in isolation, but they were RS on the totality

Some factors were innocent on their own, but the totality there was reasonable suspicion. United States v. Goodin, 2021 U.S. App. LEXIS 3881 (5th Cir. Feb. 10, 2021)*:

Posted in Reasonable suspicion | Comments Off on CA5: Some things were innocent in isolation, but they were RS on the totality

CA3: Failure to factually plead lack of PC or malice for a 4A malicious prosecution claim makes it fail

Karkalas v. Marks, 2021 U.S. App. LEXIS 3868 (3d Cir. Feb. 11, 2021):

Posted in § 1983 / Bivens, Probable cause, Qualified immunity | Comments Off on CA3: Failure to factually plead lack of PC or malice for a 4A malicious prosecution claim makes it fail

IN: Cell phone seized under SW could be searched later than the deadline in the warrant

The state had the forfeiture claimant’s cell phone in hand, but didn’t actually search it within the limit of the warrant. This was reasonable, following Wolf v. State, 266 P.3d 1169, 1174 (Idaho Ct. App. 2011). Brown v. Eaton, 2021 … Continue reading

Posted in Cell phones, Particularity, Qualified immunity, Warrant execution | Comments Off on IN: Cell phone seized under SW could be searched later than the deadline in the warrant